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(i) Hoodlums, criminals, fences, bookies, barbers, bartenders, poolroom and dancehall operators,
prostitutes, madams, pawnbrokers, cab drivers, bell hops, service station attendants, waitresses and
others. A class in themselves is persons who had been accused or suspected of a crime.
(ii) Persons engaged in certain occupations should be considered.
4. How to Develop Confidential Informants
a) Constant need.
(i) No matter what our scientific development might be, there will always come that time when we will need
informants.
(ii) Development of confidential informants should therefore be a continuous process.
b) Evaluation of the individual being considered as possible informant:
(i) Does he have access to information?
(ii) Can he develop the trust of his associates?
(iii) Intelligence and physical courage
(iv) His criminal record and background
(v) His pattern of behavior
c) Basic considerations.
(i) Contact must be made in a neutral place. The officer making the contact should not be in uniform or in
police vehicles. Contact should be made in such a manner that the informant’s association with the law
enforcement agency would not be disclosed. Get the informer away from his local habitat to a place
where he is not known. Call him by phone and let him set the time and place.
(ii) Plan the interview as to the type of “approach.”
[1] Return of favor. – Even small favors can help a lot in developing informants. These may be extended
in various ways.
[2] Monetary consideration – There may be ties when an officer has to pay for information. one must
make sure he gets his money’s worth. Do not overpay or you will have a professional informant.
[3] Appeal to prospect’s ego. – Men on the beat (patrolmen/investigators) have a good opportunity of
developing informants.
[4] Development of “friendship” helps because the informant respects the officer. – This is accomplished
by friendly acts of the officer to the possible informant himself or his relatives.
[5] Involvement in illegal activity – The illegal activity serves as pressure on the possible informant. The
attitude toward him, though, should be “Put up or get out”.
[6] Fear motive. – This is fear of the police or of his associates
[7] Revenge motive
[8] Perverse motives – To eliminate competition, for example.
[9] Bad publicity – Especially applicable to businessmen
(iii) Officer’ Ability.
[1] Develop an informant to the point that he really respects you. - Do not call hour informant a “stool
pigeon” or a “stoolie” when talking to him.
[2] Secrecy in contacts cannot be over-emphasized. It helps maintain the confidence of the informant.
You may use fictitious names over the phone. Contact should be discreet and the meeting place
frequently changed.
[3] The informant may expect a few favors in return. – Make him understand that you association with
him does not give him the license to operate illegally. You must have him understand also that he
is not an employee of the police even though he is being paid for the information. It may be
necessary to hold something over his head.
- Be sure that your informant does not brag about his association with you
- Make sure he is giving you good information. test him with facts you know.
- Do not allow yourself to be interviewed by an informant.
Give him the facts he needs to know, and nothing more.
5. Use of Informants
a) Maximum benefit. – The confidential informant should be used for the maximum benefit of the entire
organization, not of only one (1) officer/investigator.](https://image.slidesharecdn.com/cdimanwong-221016041037-d90b8f8a/85/CDI_Manwong-doc-16-320.jpg)
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case is so controversial that the Supreme Court has decided to hear it en banc, as it has required the accused to
furnish 19 copies of their briefs (People v. Hubert Webb, G.R. No. 141859).
Admissibility of DNA evidence under Philippine Law
Under our laws, evidence is admissible when it is relevant to the fact in issue and is not excluded by the Rules
(Rule 128, sec. 2, Rules of Court). Under this test, evidence is relevant when it has such a relation to the fact in issue
as to induce belief in its existence or non-existence. Evidence, to be relevant, need not conclusively prove the ultimate
fact in issue, but only have any tendency to make the evidence of any fact that is of consequence to the determination
of the point in issue more probable or less probable than it would be without the evidence. DNA evidence would be
invaluable as corroborative evidence without statistical backup if the accused has been identified by other proof. It
would be proper to inform the court that two DNA samples match or do not match. In the case of a match, this makes it
probable that the DNA in the sample come from the same person suspected as a perpetrator. It would be corroborative
even without the statistical back up needed in the Frye test or under the Federal Rules of Evidence. In case of a non-
match, this may lead to the acquittal of a suspect. The probability under this form of presentation would be in an
amount that is not precisely known. This is because the only criterion we are using is that of relevancy.
Evidentiary facts are relevant in evidentiary rules where there is such a rational and logical connection between
them and the matter in issue that proof of the former logically tends to make the latter more probable or improbable –
that is, where the fact offered in evidence has a legitimate tendency to establish the truth concerning a controversial
issue (Francisco, Revised Rules of Court (Evidence) 1964, p. 40, citing Jones on Evidence, p. 240). Under our Rules,
even collateral matters are allowed when they tend in any reasonable degree to establish the probability or
improbability of the fact in issue (Rule 128, sec. 4). With such liberal rules of evidence, there should not be any doubt
as to the admissibility of DNA profiles in our courts, even without the support of population genetic statistics.
Thus, in a prosecution for abusos deshonestos, our Supreme Court held that it was not error for the trial court to
convict the defendant on the basis of a finding of the Bureau of Science that the substance taken from the sex organ of
the defendant showed that he was suffering from gonorrhea, like the complaining witness who was infected with the
disease as a result of the crime (U.S. v. Tan Teng, 23 Phil. 145 [1912)]). This shows that even a mere finding from the
government bureau which shows a match between the disease of the defendant and that of the complaining witness
can be considered relevant under our rules, as it tended to show the probability of the defendant’s physical contact with
the complaining witness.
Even in the United States under the Frye test, some courts have admitted DNA match profiles without the
statistical back up. The Pennsylvania Supreme Court held that “the factual evidence of the physical testing of the DNA
samples and the matching alleles, even without the statistical conclusions, tended to make the appellant’s presence
more likely than it would have been without the evidence, and was therefore relevant” (Commonwealth v. Crews, 640
A2d 395 [1994]).
Our rules of evidence are all based on probabilities. “The most that can be reached is a high probability that the
fact in question is true,” says Wharton, for “it is impossible even to expound the principles and method of induction, as
applied to natural phenomena, in a sound manner, without resting them upon the theory of probability” (Wharton,
Criminal Evidence, cited in Francisco, id. at 48). “We have, therefore, to content ourselves with partial knowledge –
knowledge mingled with ignorance producing doubt. Even scientific conclusions cannot be demonstrated except so far
as they deal with abstrations” (ibid.).
“Probabilities have been with us for years, and a statement of a probability is, by its nature, a statement of
partial knowledge, so it is paradoxical to imply that in principle we cannot calculate the probability of an
event without further empirical knowledge” (MacKnight, “The Polymerase Chain Reaction (PCR): The
Second Generation of DNA Analysis Method Takes the Stand”, 9 Santa Clara Computer & High Tech.
L.J. 287 (1993) at 328).
Of course, the loose relevancy in our rules does not augur well for the protection of the rights of the accused.
Scientific evidence tends to mystify even the hard-boiled judges who are ignorant of DNA technology. The scientific
jargon may overwhelm them into admitting DNA evidence and give these frill credence, unless the accused hires his
own expert to challenge the findings. If the defense counsel fails to challenge the weight of such evidence because of
ignorance of the procedures for validation, cross-checking and re-testing, or if he fails to challenge the premise of the
expert witness, the accused would remain at the mercy of the prosecution expert. The relevancy standard in evidence
implicitly relies on the effectiveness of the adversarial system and on the right of cross-examination to protect the rights](https://image.slidesharecdn.com/cdimanwong-221016041037-d90b8f8a/85/CDI_Manwong-doc-31-320.jpg)
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of the accused. Failure of the defense counsel to question the findings of the prosecution expert will place the accused
at the short end of due process. The defense counsel in a situation like this should at least have an idea about
laboratory testing and sampling procedures, population genetics, reliability of statistics, and laboratory error rates. The
accused should have the logistics to hire his own expert so that he can be placed on an even keel with the prosecution.
As for expert opinion on DNA profiles, our rules of evidence admit such opinion as long as the witness proves
that he is an expert in a given field. And he can do this by proving that he has knowledge, skill, experience, training, or
education in any given field (Rule 130, sec. 49). Of course, the difficult problem is that the presentation of DNA
evidence requires different forms of expertise. The presenter may have to present a laboratory technician, a molecular
biologist, a population statistician, and a geneticist. This is because the laboratory technician may not be qualified to
testify on molecular biology, the biologist may not be able to testify on statistical probabilities on the frequency of a
random match, and the statistician may not be qualified to testify on population genetics. Thus, in Powell v. State (598
SW2d 829 (1994)), the defendant challenged the expertise of the molecular biologist to testify on the probabilities of
matching DNA patterns because he was not qualified as a population geneticist. (See also Swanson v. State, 823
SW2d 812 [1992]). In State v. Lewis, (654 So2d 761 [1995]), the trial court denied expert status to a lab technician who
presented herself as an expert in molecular biology; the appellate court reversed because she belonged to invitational
professional organizations, received several academic awards, had written 14 articles on DNA analysis, and had been
assistant director of a laboratory for more than one year.
The other problem here is that there are only a few experts in the pertinent fields. Experts in statistics, genetics,
biology, organic and inorganic chemistry, computers, laboratory testing and protocols, on human hair and sperm, blood
and bloodstains, etc. would be needed in this kind of inquiry. They are rare birds, especially here in the Philippines.
They therefore do not come cheap, and engaging their services would add to the high cost of DNA profiling and
testing, which has been estimated to cost at least P30,000 at pre-devaluation rates. A poor defendant may not have
access to such experts. This raises constitutional issues of due process and violation of the rights of the accused. He
may not get a fair trial if he cannot engage the services of such an expert witness. Since most defendants in heinous
crimes like rape and murder are generally poor, they would not have the resources to pay for their own experts or to
import them from abroad. This would result in a one-sided contest in our criminal justice system.](https://image.slidesharecdn.com/cdimanwong-221016041037-d90b8f8a/85/CDI_Manwong-doc-32-320.jpg)
CDI_Manwong.doc
- 1. www.rkmfiles.net 1 RKMFILES CENTER FOR COMPREHENSIVE STUDIES Room 309, 3rd Floor A-Building, Main AUF Campus, Angeles University Foundation Email: rkmfiles@yahoo.com Website: www.rkmfiles.net CP: 09088849680 COMPILED BY: LUCIA M. HIPOLITO -- ROMMEL K. MANWONG -- ALFIE P. SARMIENTO REVIEW NOTES IN CRIMINAL IDENTIFICATION & DETECTION FUNDAMENTALS OF CRIMINAL INVESTIGATION SPECIAL CRIME INVESTIGATION FIRE TECHNOLOGY & ARSON INVESTIGATION TRAFFIC MANAGEMENT & ACCIDENT INVESTIGATION DRUG EDUCATION & VICE CONTROL (NARCOTICS INVESTIGATION) POLICE REPORT WRITING (TECHNICAL/INVESTIGATIVE WRITING)
- 2. www.rkmfiles.net 2 FUNDAMENTALS OF CRIMINAL INVESTIGATION BASIC CONCEPTS Criminal Investigation- is an art that deals with the identity and location of the offender and prove his guilt in a criminal proceeding. Criminal Investigation- it is the systematic method of inquiry that is more a science than an art. The logic of scientific method must however, be supplemented by the investigator's initiative and resourcefulness. The sequences of the investigation should be regarded by scientific, operating framework that requires improvising on the part of the investigator. Criminal Investigation is an Art – based on intuition, felicity of inspiration or by chance; and a Science – based on adequate professional preparation and abundance of certain qualities Investigator- 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 Special Crime 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; it’s collection, handling, identification and preservation in coordination with the various criminalists in the crime laboratory. Special crime investigation involves close relationship between the investigator in the field and the investigator in the laboratory- the Criminalist. Duty of Criminal Investigator 1. Establish that, in fact, a crime was committed under the law. 2. Identify and apprehend the suspect. 3. To recover stolen property. 4. To assist the state in prosecuting the party charged with the offense. Job of the Criminal Investigator 1. Discover whether or not an offense has been committed under the law. 2. After determining what specific offense has been committed, he must discover how, when, where, why, what offense was committed. Methods of Identifications of Criminals Criminal are identified thru the following: 1. Confession and Admission 2. Statement of witnesses 3. Circumstantial Evidence 4. Associative Evidence A. Confession- this is an expressed acknowledgement by the accused in criminal cases of the truth of his guilt as to the crime charged or of some of the essential part there of. There is no implied confession for it is positive and direct acknowledgement of guilt. It is the best means of identifying criminal. Rules in Confession a. Confession need not to be in writing b. Confession may be written in a language which the accused does not speak
- 3. www.rkmfiles.net 3 c. Confession must be freely and voluntarily made Voluntarily – means that the accused speak of his free will and accord, without inducement of any kind and with the full and complete knowledge of the nature and consequences of the confession. Freely- when the speaking is so free from the influence affecting the will of the accused at the same time the confession was made. Requirement for confession as proof of guilt 1. Other corroborative evidence must support it. 2. Corpus delicti- must be established separately (the actual commission of the crime charged. It refers to a particular crime and signifies that specific offense had been actually committed by someone being composed of two elements: that certain results were produced, that someone is criminally responsible 3. Confession must be made voluntarily. B. By EYE-WITNESS TESTIMONY- description made by eyewitness Value of identification by eyewitness testimony depends on the following: (credibility-bringing honor) 1. the ability of the eyewitness testimony to observe and remember the relative “distinctiveness” of the accused appearance 2. The prevailing conditions, visibility and observation 3. The lapse of time between the criminal event and identification Methods of Identification made by eyewitness 1. Verbal Description- portrait parley vividly describing in words the appearance of a person by comparing and thru personal appearance. 2. Photographic files (rogues gallery) 3. General photograph- files of photograph in any given establishment. 4. Artist Assistance or composite sketches- drawing or sketching the description of a person’s face by the cartographer 5. Police line-up- selecting the suspect from a group of innocent persons to eliminate the power of suggestions as factor of identification Cartography- the art of sketching the image of a person or the art of making map Bases of the eyewitness in the identification of criminal 1. Face-forehead, eyebrow, mustache, eyes, ears, cheeks, mouth, lips, teeth, chin, jaw, etc. 2. Neck- shape, length, Adam’s apple 3. Shoulder- width and shape 4. Waist- size, shape of the abdomen 5. Hands- length, size, hair, condition of the palms 6. Fingers- length, thickness, stains, shape of nails and condition 7. Any deformities (cross eyed, limping and etc.) 8. Teeth- 9. Gait Bases of Physical Description of Physical Appearance 1. Mug Shot 2. Artist Drawing 3. Composite Sketches
- 4. www.rkmfiles.net 4 4. Verbal description or Portrait Parley HISTORICAL FEATURES IN CRIMINAL INVESTIGATION The art and science of Criminal Investigation that exist today is the result of countless development since policing was conceived and then institutionalized. The following is just a brief account of some of the major milestone in the history of Criminal Investigation. WORLDWIDE DEVELOPMENT 1720s, ENGLAND: - JONATHAN WILD He was a buckle maker then a brothel operator; a master criminal who became London’s most effective criminal investigator. He was the most famous THIEF-CATCHER in 1720s. His methods or techniques made popular the logic of EMPLOYING A THIEF TO CATCH A THIEF. He conceived the idea of charging a fee for locating and returning stolen property to its rightful owners. 1750s, ENGLAND: - HENRY FIELDING An Englishman who wrote a novel entitled “Tom Jones” and was appointed as magistrate (sheriff) for the areas of Westminster and Middle Age, London. He was the creator of the BOW STREET RUNNERS while he was the magistrate; he formed a group of police officers attached to the Bow Street Court, and not in uniform, performing criminal investigative functions. 1753, ENGLAND: - SIR JOHN FIELDING The younger brother of Henry Fielding who took over the control of Bow Street Court in 1753. His investigators were then called Bow Street Runners and became quite effective because of his personal guidance despite the fact that he was blind. He introduced the practice of developing paid informants, printing wanted notices, employing criminal raids, and bearing firearms and handcuffs. 1759, USA: The US CONGRESS created the office of the GENERAL AND REVENUE CUTTER SERVICE. This is the first organized federal law enforcement and investigative effort made by the US government. 1800, LONDON: - PATRICK COLQUHOUN A prominent London president who proposed the unique idea of creating sizeable uniformed force to police the city of London in order to remedy the public outcry concerning the alarming increase of criminality during the early 1800s. His proposal was considered too radical and was dismissed by the Royal Court. 1811, FRANCE: - EUGENE ‘Francois” VIDOCQ He was a criminal who turned Paris Investigator. He is a former convict who became a notorious thief-catcher in France. He is credited as the founder of LA SURETE, France’s national detective organization. He made popular the concept of “SET A THIEF TO CATCH A THIEF”. He introduced the concept of ‘TRADE PROTECTION SOCIETY’, which is a forerunner of our present-day credit card system. For a fee, any owner of a shop or business establishment could obtain particulars concerning the financial solvency of new customers. He created a squad of ex-convicts to aid the Paris police in crime investigation. 1829, LONDON: - SIR ROBERT PEELS The founder and chief organizer of the London Metropolitan Police – the SCOTLAND YARD. He reiterated the idea of creating sizeable police force in his recommendations, which lead to the passage of the Metropolitan Police Act. This act had a tremendous impact on the history of criminal justice in general, and on the development of criminal investigation specifically. He introduced the techniques of detecting crimes such as: detectives concealing themselves, and secretly photographing and recording conversations. 1833, ENGLAND: The Scotland Yard employed the first undercover officer while in USA: First daytime paid police department was established in Philadelphia, USA. 1835, USA: TEXAS RANGERS was organized as the first law enforcement agency with statewide investigative authority, the forerunner of the Federal Bureau of Investigation. 1839: - The birth year of Photography. WILLIAM HENRY FOX TALBOT explained a photographic process he had invented to the Royal Society of London.
- 5. www.rkmfiles.net 5 JACQUES MANDE DAGUERRE gave a public demonstration in Paris of his discovery - a photographic process he developed in collaboration with NICEPHORE NIEPCE. 1842: Scotland Yard created the first FULL-TIME INVESTIGATIVE, which is a forerunner to the Criminal Investigation Division of Scotland Yard. 1851, BOSTON, MASSACHUSETTS, USA: Multi-suspect ID LINE-UP is employed in the first time. 1852, USA: - CHARLES DICKENS - Through his story entitled BLEAK HOUSE, he introduced the term DETECTIVE to the English language. 1852, USA: - ALLAN PINKERTON - America’s most famous private investigator and founder of Criminal Investigation in USA. He established the practice of handwriting examination in American courts and promoted a plan to centralize criminal identification records. 1856, USA: - KATE WAYNE: The first woman detective in the history of criminal investigation, hired by the Pinkerton Agency. 1859, USA: Appellate courts recognized/accepted photographs as admissible evidences when they are relevant and properly verified. 1865, USA: US SECRET SERVICE was founded to investigate counterfeiting activity in post-civil war America. 1866, USA: - INSPECTOR THOMAS BYRNES: A New York Chief of Detectives introduced the MODUS OPERANDI FILE. 1866, Liberty, Missouri, USA: The JESSE JAMES GANG made the first bank hold-up which mark the beginning of the gang’s 15-year hold-up and robbery spree (12 bank hold-ups and 12 train stage coach robberies in 11 states). Clay County Savings Association was their first victim and their take was $ 60,000.00. 1877, ENGLAND: - HOWARD VINCENT: Headed the newly organized CRIMINAL INVESTIGATION DEPARTMENT in Scotland Yard. 1882, FRANCE: - ALPHONSE BERTILLON: A French Police Clerk who introduced and established the first systematic identification system based on ANTHROPOMETRICAL SIGNALMENT (or Anthropometry) he is considered as the FOUNDER OF CRIMINAL IDENTIFICATION. 1884, CHICAGO, USA: The Chicago Police Department established the first American Criminal Identification Bureau. 1887, DR. ARTHUR CONAN LYLE: He popularized the Scientific Criminal Investigation by creating the fictional detective SHERLOCK HOLMES and his friend Dr. WATSON. Holmes was featured in 6 short stories and 4 novels. 1892, ENGLAND: - FRANCIS GALTON: An Englishman who published his study on classifying fingerprints. While other scientists were studying fingerprints in their biological nature, Galton recognized their uniqueness and potentiality/significance in criminal identification. 1893, GERMANY: - HANS GROSS: An Englishman who published a handbook for Examining Magistrates in Munich, Germany and advocated the use of scientific methods in criminal investigation process. 1948, ABERDEEN, SCOTLAND: A new concept was introduced in the field of criminal investigation. This is known as TEAM POLICING. In team policing, there is no patrol division or criminal investigation per se. In this system, a team of police officers is assigned to patrol and investigate all criminal matters within their area of jurisdiction or district. Team policing required that police officers who respond to a call regarding a criminal case should investigate the case to its conclusion. 1954,USA: - Dr. PAUL KIRK: Best known American criminalist who headed the Department of Criminalistics as the University of California, USA.
- 6. www.rkmfiles.net 6 1961,USA: - Mapp vs. Ohio (376 vs. 584): The Supreme Court ruled the illegally obtained evidence is inadmissible in state criminal prosecutions. 1965, USA: Office of Law Enforcement Assistance (forerunner of the Law Enforcement Assistance Administration – LEAA) was established to fund and coordinate administration, research and training in criminal justice. 1966, USA: - MIRANDA vs. ARIZONA (384 vs. 436): The US Supreme Court established procedural guidelines for taking criminal confessions. DEVELOPMENT IN THE PHILIPPINE SETTING 1712. CARABINEROS DE SEGURIDAD PUBLICO: Organized for the purpose of carrying out the policies or regulations of the Spanish government. The members were armed and considered as the mounted police. Later, they discharge the duties of a part, harbor, and a river police. 1836. GUARDRILLEROS: A body of rural police organized in each town, which was established by the Royal Decree of January 8, 1836. This police force was composed of 5% of the able-bodied inhabitants in each town or province, and each member will serve for at least 3 years. 1852. GUARDIA CIVIL: An organization created by the Royal Decree issued by the Spanish Crown Government on February 12, 1852. It relieved the Spanish Peninsular Troops of their works in policing towns. It consisted of a body of Filipino policemen organized originally in each of the provincial capitals of the Central provinces of Luzon under the command of Alcalde (Governor). NOV. 30, 1980. INSULAR POLICE FORCE: Established during the Filipino-American War (1898-1901) upon the recommendation of the American Commission to the Secretary of War. JULY 18, 1901. ACT # 175: The act establishing the Insular Police Force which was titled as “AN ACT PROVIDING FOR THE ORGANIZATION AND GOVERNMENT OF AN INSULAR CONSTABULARY”. The organic act creating the Philippine Constabulary. OCT. 3, 1901. ACT # 255: The law which established the Philippine Constabulary REVISED ADMINISTRATIVE CODE OF 1917, Section 825: The law stated that the Philippine Constabulary is a national Police Institution for preserving the peace, keeping the order and enforcing the law. SEPT. 8, 1966. RA # 4864. (Law co-authored by Rep. Teudolo Natividad): The law otherwise known as the POLICE ACT OF 1966, It created the Office of the Police Commission which was later called National Police Commission (NAPOLCOM). In its inception, the Police Commission was under the Office of the President. It was created as the supervisory agency to oversee the training and professionalization of the local police forces. Through this law, reformation and professionalization of the police service gained official recognition. AUG. 8, 1975. PD#765: The law which stipulated that the office of the NAPOLCOM was under the office of the Ministry of the National Defense. It defined also the relationship between the Integrated National Police and the Philippine Constabulary. This is in compliance with the provisions of Section 12, Article 15 of the 1973 Philippine Constitution. 1935 PHILIPPINE CONTITUTION, Article III, Section 17 (1) - The law provides that:” In all criminal prosecutors, the accused shall…. Enjoy the right to be heard by himself and counsel……”. Criminal prosecution was however interpreted by the court in US vs. Beechman (25 Phil 25,1972) to mean the proceeding at the trial court from arraignment to rendition of judgment. 1973 PHILIPPINE CONSTITUTION, Article III, Section 20 “No person shall be compelled to be a witness against himself. Any person under investigation for the commission of an offense shall have the right to remain silent and to counsel, and to be informed of such right. No
- 7. www.rkmfiles.net 7 force, violence, threat, intimidation nor any means, which vitiate the free will, shall be used against him. Any confession obtained in the violation of this section shall be inadmissible as evidence. The warning of the right to remain silent must be accompanied by the explanation that anything said can and will be used against the individual in court. This warning is needed in order to make him aware not only of the privilege, but also of the consequences of forgetting it. (People vs. Duero, 104 SCRA 379, 1981) 1983 – MORALES vs. JUAN PONCE ENRILE (GR#61016-17; April 26,1983; SCRA 538) The ruling in this case makes it clear that the MIRANDA WARNING as it is generally called have to be made so that a confession can be admitted. Therefore, while upon police custody for investigation, the accused must be appraised of his: 1. Right to remain silent with explanation that anything that he might say maybe used against him in the court of the law; 2. Right to talk to a lawyer, a relative, or a friend, and have a lawyer ready and a friend present while he is being questioned; and 3. Right to the appointment of a lawyer if he cannot afford one. 1985 – PEOPLE vs. GALIT (GR#51770;March 20,1985) - The right to a counsel maybe waived but the waiver, to be valid, must be made with assistance of a counsel. 1987 PHILIPPINE CONSTITUTION, Article III, Section 12 (1) - “Any person under investigation for the commission of an offense 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 choice. If the person cannot afford the services of a counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of a counsel. 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 capacity to a civilian position in the Government including government owned or controlled corporation, or any of their subsidiaries.” Article XVI, Section 6 - “The State establish and maintain one police force, which shall be national in scope and civilian in character, to be administered and controlled by a National Police Commission. The authority of local executives over the police units in their jurisdiction shall be provided by law.” 1990, RA 6975 - DILG ACT, Philippine National Police (PNP) together with BFP and BJMP organization 1998, RA 8551 – PNP Reform and Reorganization Act
- 8. www.rkmfiles.net 8 GENERAL PRINCIPLES OF CRIMINAL INVESTIGATION In the performance of his duties, the investigator must seek to establish the six (6) cardinal points of investigation, namely: what specific offense has been committed; how the offense was committed; who committed it; where the offense was committed; when it was committed; and why it was committed. The Phases of Criminal Investigation a) Preliminary Investigation - identify the criminal through confession; eyewitness testimony; circumstantial evidence; and associate evidence b) Follow Up Investigation - trace and locate the criminal; and c) Final Investigation - proved by evidence the guilt of the suspect/s. In proving the guilt of the accused in court, the fact of the existence of the crime must be established; the defendant must be identified and associated with the crime scene; competent and credible witnesses must be available; and the physical evidence must be appropriately identified. The proof of guilt will depend on the establishment of the essential elements of the crime. The investigator must know by heart the elements of a specific crime. Tools of an Investigator in Gathering Facts a) Information – Data gathered by an investigator from other persons including the victim himself and from Public records; Private records; and Modus Operandi file. b) Interrogation and Interview – Questioning of witnesses, suspects, and offended parties. c) Instrumentation – Scientific examination of real evidence, application of instrument and methods of the physical sciences in detecting crime. INFORMATION All evaluated materials of every description including those derived fro observation, reports, rumors, imagery, and other sources from which intelligence in produced. Information is a communicated knowledge by others obtaining by personal study, investigation, research, analysis, observation. The use of modern gadgets in intelligence and other things and material that possess or contain a desire information or knowledge. Two General classifications of sources of information: 1. Open Sources – 99% of the info collected are coming from open sources. 2. Close Sources – 1% of info from close sources. Overt Intelligence – is the gathering of information or documents procured openly without regard as to whether the subject or target become knowledgeable of the purpose Open Sources: Includes information taken from Enemy activity – POW – Civilians - Captured documents Map - Weather, forecast, studies, report - Agencies Covert Intelligence – is the secret procurement of information, which is obtained without the knowledge of the person or persons safeguarding vital intelligence interest. Close Sources: are information usually taken through: Surveillance Casing Elicitation
- 9. www.rkmfiles.net 9 Surreptitious entry Employment of technical means (Bugging and Tapping device) Tactical Interrogation Observation and Description Other sources of Information: Overt and Covert Routine patrol and Criminal investigation Use of informants and Interrogations Search and seizures and Cordon and scratch Checkpoints and Police public relations activities Coordination with law enforcement agencies Inmates of various city jails, national penitentiary, military stockade. Statistics Persons as sources of Information Informant Net – It is a controlled group of people who worked through the direction of the agent handler. The informants, principal or cutouts supply the agent handler directly or indirectly with Intel information Informants (Asset) – people selected as sources of information, which could be voluntary, or in consideration of a price. Informant – refers to a person who gives information to the police voluntarily or involuntarily with out any consideration Informer – those who give information to the police for price or reward Types of Informants 1. Criminal Informant – an informant who give information to the police pertaining to the underworld about organized criminals with the understanding that his identity will be protected 2. Confidential Informant – is similar to the former but he gives information violate of the law to includes crimes and criminals 3. Voluntary Informant – a type of informant who give information freely and willfully as a witness to a certain act 4. Special Informant – those who gives information concerning specialized cases only and it is regarded a special treatment by the operatives (ex. teachers, businessmen) 5. Anonymous Informant – those who gives information through telephone with the hope that the informant can not be identified Sub-type of Informant 1. Incidental Informant – a person who casually imparts information to an officer with no intention of providing subsequent information 2. Recruited Informant – A person who is selected cultivated and developed into a continuous source of info Categories of Recruited Informants: 1. Spontaneous or Automatic Informant – Informants who by the nature of their work or position in society have a certain legal, moral or ethical responsibilities to report info to the police 2. Ordinary run of he Mill Informants – Informants that are under the compulsion to report info to the police 3. Special Employee – informants who are of a specific operational nature Other classification of Informant Automatic – Penetration - Full time - Rival – Elimination - False Informant - Frightened Informant - Self- aggrandizing Informant - Mercenary Informant - Double Crosser Informant - Woman Informant - Legitimate Informant
- 10. www.rkmfiles.net 10 Common Motives of Informants Reward – Revenge - Fear and avoidance of punishment – Friendship - Patriotism – Vanity - Civic-Mindedness – Repentance –Competition -Other motives INFROMANT RECRUITMENT Phases 1. Selection – it is particularly desirable to be able to identity and recruit an informant who has access to many criminal in-group or subversive organization. Wide access is probably the single most important feature in the consideration of recruiting the potential informant 2. Investigation – the investigation of the potential informants that has tentatively identified as a “probable” must be as thorough as possible. It must establish possible existing motives as to this person might assist the police Intel community. Failure to do so will deny this office who must perform the approach and persuasion phase with little more that a guess. If necessary, conduct complete background investigation (CBI) 3. Approach – approach must be done in a setting from which might include pleasant surroundings, perhaps a confidential apartment, completely free form any probability of compromise, preferably in an adjacent city or a remote area foreign to the informants living pattern. 4. Testing – the testing program should begin, of course, with the limited assignment, with a gradual integration into the more important areas. The occasional testing of an informant should continue through the entire affiliation INTERVIEW AND INTERROGATION 1. Interview Defined. - An interview is the questioning of a person believed to possess knowledge that is in official interest to the investigator. 2. Importance of Interview. - Interview in crime investigation is very important considering that the person interviewed usually gives his account of an incident under investigation or offers information concerning a person being investigated in his own manner and words. Basic Assumptions: Nobody has to talk to law enforcers. No law compels a person to talk to the police if he does not want to. Therefore, people will have to be persuaded, always within legal and ethical limits, to talk to law enforcers. This makes interviewing an art: 3. The Person Interviewed Consider: a) His ability to observe. b) His ability to remember c) His ability to narrate. d) His mental weakness because of stupidity or infancy e) His moral weakness because of drunkeness, drug addiction, his being a pathological liar or similar factors. f) Emotional weakness resulted by family problems, hatred, revenue, and love. 4. The Interviewer’s Personal Traits. a) He must be a practical psychologist who understands the human psyche and behavior. b) He has a sincere interest in people. People who are reclusive generally are not good interviewers. c) He is clam, has self-discipline, and keeps his temper. d) He is courteous, decent and sensitive. e) He is self-assumed and professional. He is tactful, i.e. he knows what to say when and how to say it. f) He is cordial and agreeable, and never officious. But he should avoid over-familiarity it. g) He is forceful, persistent and patient. Some people just cannot be rushed. h) He is analytical. i) He is flexible and cautious. j) He is a good actor and can conceal his own emotion.
- 11. www.rkmfiles.net 11 k) He avoids third degree tactics and never deviates from the fundamental principle that a person must be treated according to humanitarian and legal precepts. l) he keeps the rules of evidence in mind. 5. Planning the Interview. In planning the interview, the interviewer should consider: a) The facts of the case which have been established so far. b) The information needed to complete the picture c) The sources of information that may be consulted such as files and records. d) The possibility of confronting the suspect with physical evidence . e) The time available for the interview. f) The time allowed by law. 6. Preparation of the Interview – Before interviewing a witness, the law enforcer should mentally review the case and consider what information the witness can contribute. If the case requires it, he should acquaint himself with the background of the witness. 7. Time, Place and Surrounding Circumstance. a) It is not always possible to fix the time and place of an interview, but since memory is short, it is basic that an interview with the witness and suspect(s) should take place as soon as possible after the commission of the crime. b) Interview of arrested person should be made as soon as possible after the arrest. c) Conduct interviews whenever possible in your own turf, i.e. your office. d) Have an interview room where there will be privacy. It should be a plain room but not bleak. There should be few furniture, and no distracting pictures, calendars or similar items. e) Arrange it so that there will be no interruption during the interview. f) Suspects should be interviewed separately and out of sight and earshot of each other. g) If are two interviewers, let one man be the prime interviewer. h) Arrange chairs so that window light falls on the interviewee and not on the interviewer. i) The interviewer should adapt his speech to the style best understood by the subject. In dealing with tan uneducated subject, the interviewer should use simple words and sentences. j) Straight-back chairs should be used for both subject and interviewer. Other types of chairs induce slouching or leaning back, and such position are not conductive to proper interviews. k) The interviewer should remain seated and refrain from pacing about the room. 8. Opening the Interview. a) The interviewer should identify himself and the agency to which he belongs. b) He should try to size up the interviewee and reach to tentative conclusion about his type, then use the best interview approach. c) He should keep in mind the provisions of law regarding rights of people under custodial investigation. 9. The Body of the Interview. a) The interviewee should be allowed to tell his own story in his own words without interruption. (i) This allows for continuity and clearness. (ii) Range of interview is broadened. (iii) It helps the interviewee recall and relate evens in their proper order. b) Interviewer should keep to the point at issue and should not wander too far from it. c) Interviewer should be alert for hearsay information so he can question the interviewee on the matter later. d) Do not interrupt a trend of ideas by abruptly asking a question. Use the uninterrupted account of the witness interview e) However, you may guide the interviewee innocuous questions such as, “And then what did you do?” 10. Questioning. a) Dominate the interview. Be careful, do not allow the interviewee to be the one asking the questions. b) Do not ramble. Have a reason for every question asked.
- 12. www.rkmfiles.net 12 c) Follow the order of time and bring out the facts in that order. This technique is called “chronological questioning” and is considered the easiest as people tend to think in terms of what happened first, the, second, then third. The interviewer should go step by step in learning all the details concerning the planning and commission of the crime and what happened after it was committed. d) Exhaust each topic before moving on to the next. e) Determine the basis for each material statement. It might be a hearsay. f) Keep your questions simple and understandable. Avoid double-edged or forked questions. g) The dangers of leading and misleading questions should be borne in mind. A question which suggests to the witness the answer which the interviewer desires is a leading question. Questions which assume material facts that have not been proven are misleading questions. h) Wait for the answer to one question before asking a second one. i) Ask important questions in the same tone of voice as the unimportant ones. j) As a rule, avoid trick or bluffing questions. k) Where it is necessary to inquire into the past history of the interviewee involving something unpleasant, it is wise to use introductory remarks deploring the need for the question and saying that it is one of the unpleasant but necessary of an officer. 11. Closing a) Before closing the interview, the law enforcer should make a mental check of the purpose of the interview and should analyze what he has learned, then decide whether he has attained his objective. He should be guided in this respect by the 5 W’s and I H- what, where, when who, why and how. b) The interviewer should always the door open for a re-interview. Don’t forget to say “THANK YOU” after the interview. Note: Although the words “interview” and “interrogation” have similar meanings, there are those who prefer to use “interview” when questioning witness and informants, and “interrogation” when questioning suspects. A Philosophy of Interview and Interrogation: The RIGHT officer, Asking the RIGHT questions, In the RIGHT manner, At the RIGHT time and in the RIGHT place, Will get the RIGHT answers. INTERROGATION IN GENERAL 1. Interrogation Defined. An interrogation is the questioning of a person suspected of having committed an offense or of a person who is reluctant to make a full disclosure of information in his possession which is pertinent to the investigation. 2. Purpose of Interrogation a) To obtain information concerning the innocence or guilt of suspect. b) To obtain a confession to the crime from a guilty suspect. c) To induce the suspect to make admissions. d) To know the surrounding circumstances of a crime. e) To learn of the existence and location of physical evidence such as documents or weapons. f) To learn the identity of accomplices g) To develop information which will lead to the fruits of the crime. h) To develop additional leads for the investigation i) To discover the details of any other crime in which the suspect participated. 3. Preliminary Conduct. – The interrogator should identify himself a t the outset and state in general the purpose of the interrogation. He must advise the suspect of his rights against self-incrimination and inform him that he does not have to answer questions and that, if he does answer, these answers can be used as evidence against him. he must inform the suspect of his right to counsel and that a state appointed counsel will be made available
- 13. www.rkmfiles.net 13 without cost to him if he so desires. No questioning of the suspect unless the latter has definitely waived his right to be silent. Ordinarily the investigator should be alone with the suspect and, of course, the latter’s lawyer, if he has requested counsel. 4. The Interrogation Room – The room should provide freedom from distractions. If should be designed simply to enhance the concentration of both the interrogation and the subject on the matter under questioning. 5. Interrogation Techniques – The following are some of the techniques practiced by experienced investigators: a) Emotional Appeals – Place the subject in the proper frame of mind. The investigator should provide emotional stimuli that will prompt the subject to unburden himself by confiding. Analyze the subject’s personality and decide what motivation would prompt him to tell the truth, then provide those motives through appropriate emotional appeals. b) Sympathetic Approach – The suspect may fell the need for sympathy or friendship. He is apparently in trouble. Gestures of friendship may win his cooperation. c) Kindness – The simplest technique is to assume that the suspect will confess if he is treated in a kind and friendly manner. d) Extenuation – The investigator indicates he does not consider his subject’s indiscretion a grave offense. e) Shifting the Blame – The interrogator makes clear his belief that the subject is obviously not the sort of person who usually gets mixed up in a crime like this. The interrogator could tell from the start that he was not dealing with a fellow who is a criminal by nature and choice. The trouble with the suspect lies in his little weakness – he like liquor, perhaps, or he is excessively fond or girls or he has had a bad run of luck in gambling. f) Mutt & leff – Two (2) agents are employed. Mutt, the relentless investigator, who is not going to waste any time because he knows the subject, is guilty. Jeff, of the other hand, is obviously a king-hearted man. CRIMINAL INTERROGATION SYSTEMS 1. Types of Offenders and Approaches to be used in Dealing With Them: a) Emotional Offenders have a greater sense of morality. They easily feel remorse over what they have done. The best approach in interrogating this type of offender is the sympathetic approach. b) Non-Emotional Offenders normally do not feel any guilt, so the best way to interrogate them is through the factual analysis approach, that is, by reasoning with the subject and letting him know that his guilt has already been, or will soon be, established. 2. Interrogation of Suspect Whose Guilt is Definite or Reasonably Certain a) Maintain an attitude that shows that you are sure of yourself when you conclude that the subject is indeed guilty. (i) Don’t be very friendly with the subject and do not offer a handshake. (ii) At the outset, accuse the subject of lying. If he reacts with anger, this usually indicates innocence. But if he remains calm, you can generally conclude that your suspicion of guilt confirmed. (iii) Interruption of questioning by the subject may indicate innocence. Silence is equated is equated with guilt. (iv) Do not allow the subject to repeatedly deny his guilt. (v) Assume that the subject is guilty and proceed to ask why he committed the act,. (vi) When interrogating a “big shot,” it may be useful to lower his status by addressing him by his first name, instead of using a title of respect. (vii) Remember that one who is trained in criminal interrogation is easier to question than an ordinary criminal since he ahs less confidence in himself as a liar. b) The subject should be made aware of the fact that the interrogator knows information indicating his guilt and that the interrogator is not merely “fishing” for evidence. c) Let the subject know that he is showing signs of deception, some of which are: (i) Pulsation of the carotid (neck) artery (ii) Excessive activity of the Adam’s apple (iii) Avoiding the eyes of the interrogator, swinging one leg over the other foot wiggling, wringing of the hands, tapping of fingers, picking fingernails, etc. (iv) Dryness of the mouth
- 14. www.rkmfiles.net 14 (v) Swearing to the truthfulness of assertions. Guilty subjects to strengthen their assertions of innocence frequently use this. (vi) “Spotless Past Record” – “Religious Man.” These are asserted to support statements, which the subject knows, and realizes the interrogator knows, to be false. (vii) A “Not That I Remember” or “As Far As I Know” expression should be treated as a veiled admission or half-truth. d) Sympathize with the subject by telling him that anyone else under similar conditions or circumstances might have done the same thing. e) Reduce the subject’s guilt feeling by minimizing the moral seriousness of his offense. f) In order to secure the initial admission of guilt, the interrogator should suggest possible reasons, motives or excuses to the subject. g) Sympathize with the subject by: (i) Condemning his victim. During the questioning, the interrogator should develop the notion that the initial blame, or at least some the blame, for the crime rests upon the victim. (ii) Condemning the subject’s accomplice. But the interrogator must be cautious so that the subject as leniency or exculpation from liability does not misinterpret his comments. (iii) Condemning anyone else upon whom some degree of moral responsibility might be placed for the commission of the crime. h) In encouraging the subject tot ell the truth display some understanding and sympathy. (i) Show sympathy through a pat on the shoulder (usually reserved for men who are either younger that or of the same age as the interrogator, or emotional offenders), or gripping the subject’s hand. Care must be taken with female offenders, who might consider any physical contact with the interrogator as a sexual advance. (ii) Tell the subject that even if he was your own brother (or any other close relative), you would still advise him to speak the truth. (iii) Convince the subject tot ell the truth for his own moral or mental well being (iv) The “friendly-unfriendly” act. This is much like the Mutt and Jeff system discussed earlier. The only difference is that this act seems more effective if done by a single interrogator playing both roles. i) Point out the possibility of exaggeration on the part of the accuser or victim or exaggerate the nature and seriousness of the offense itself. j) Early in the interrogation, have the subject situate himself at the scene of the crime or in some sort of contact with the victim or the occurrence. k) Seek an admission of lying about some incidental aspect of the occurrence by achieving this, the subject loses a great deal of ground, bringing him nearer to the confession stage, because he can always be reminded by the interrogator that he has not been telling the truth. l) Appeal to the subject’s pride well-selected flattery or by a challenge to his honor. Flattery is especially effective on women subjects. m) Point out the uselessness of lying. n) Point out to the subject the grave consequences and futility of a continuation of his criminal behavior. o) Rather than seek a general admission of guilt, first ask the subject a question regarding some detail of the offense, or inquire as to the reason for its commission. p) When co-offenders are being interrogated and the previously described techniques have been ineffective, play one against the other. This is effective because when two or more persons have collaborated in the commission of a criminal offense and are later apprehended for questioning, there is usually a constant fear on the part of each participant that one of them will “talk,” in exchange for some leniency or clemency. 3. Interrogation of Suspect Whose Guilt is Uncertain a) Ask the subject if he knows why he is being questioned. b) Ask the subject to relate all he knows about the crime, the victim, and possible suspects. c) Obtain from the subject detailed information about his activities before, during and after the occurrence under investigation. This is a good method of testing the validity of the subject’s alibi. d) Where certain facts suggestive of the subject’s guilt are known, ask him about them rather casually and as though the real facts were not already known, to give the subject an opportunity to lie. His answer will furnish a very good indication of his possible guilt or innocence, and if he is guilty, his position becomes very vulnerable when confronted with the facts possessed by the interrogator.
- 15. www.rkmfiles.net 15 e) At various intervals, ask the subject certain pertinent questions in a manner, which implies that the correct answers, are already known. f) Refer to some non-existing incriminating evidence to determine whether the subject will attempt to explain it; if he does, that is an indication of guilt. g) Ask the subject whether he ever thought about committing the offense or one similar to it. If the subject admits he had thought about committing it, this fact is suggestive of his guilt. h) In theft cases, if the suspect offers to make restitution, that fact is indicative of guilt. i) Ask the subject whether he is willing to take a lie-detector test. the innocent person will almost always immediately agree to take practically any test to prove his innocence, whereas the guilty person is more prone to refuse to take the test or to find excuses for not taking it, or for backing out of his commitment to take it. j) A subject who tells the interrogator, “All right, I’ll tell you what you want, but I didn’t do it,” is, in all probability, guilty. 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. b) Be patient and persistent. Never conclude an interrogation at a time when you feel discouraged and ready to give up; continue for a little while longer. c) Make no promises when asked, “What will happen to me if tell the truth?” A promise of leniency or immunity may induce an innocent to confess. d) View with skepticism the so-called conscience-stricken confession. e) When a subject has made repeated denials of guilt to previous investigators, first question him, whenever circumstances permit, about some other, unrelated offense of a similar nature of which he is also considered to be guilty. f) An unintelligent, uneducated criminal suspect, with a low cultural background should be interrogated on a psychological level comparable to that usually employed in the questioning of a child. 5. Interrogation Witnesses and Other Prospective Informants: a) Give the witness or prospective informant an assurance that the offender will not harm him or any member of his family, and that there is a witness protection program specially designed to meet that contingency when it becomes necessary. b) If such witness or prospective informant refuses to cooperate with the police, try to sever any bond between him and the offender, and proceed to interrogate the witness or informant as if he were the suspect. A. DEVELOPMENT AND CONTROL OF INFORMANTS 1. Confidential Informant Defined – a confidential informant is an individual who supplies information on a confidential basis with the understanding that his identity will not be made known. a) Scientific approach in criminal investigation can assist law enforcers immeasurably, but there is always that one case wherein the crime laboratory cannot help. This is the reason why investigators must to know the man on the street, then man who can supply information. b) Law enforcers must develop confidential informants everyday. 2. Need for Informants a) Informants increase accomplishment in all areas of investigation. b) Without confidential informants, the officer’s source of information is limited to what he gets through formal interview. c) Informants enable law enforcers to infiltrate the criminal element and help lower criminal morale. Advance information improves crime prevention and enables the police to find out the identity of transient hoodlums. d) Informants are an investigative “short cut’ to solve cases, to recover stolen property, and to make apprehensions. 3. Where to Find Criminal Informants and Whom to Develop a) Legitimate persons and criminals
- 16. www.rkmfiles.net 16 (i) Hoodlums, criminals, fences, bookies, barbers, bartenders, poolroom and dancehall operators, prostitutes, madams, pawnbrokers, cab drivers, bell hops, service station attendants, waitresses and others. A class in themselves is persons who had been accused or suspected of a crime. (ii) Persons engaged in certain occupations should be considered. 4. How to Develop Confidential Informants a) Constant need. (i) No matter what our scientific development might be, there will always come that time when we will need informants. (ii) Development of confidential informants should therefore be a continuous process. b) Evaluation of the individual being considered as possible informant: (i) Does he have access to information? (ii) Can he develop the trust of his associates? (iii) Intelligence and physical courage (iv) His criminal record and background (v) His pattern of behavior c) Basic considerations. (i) Contact must be made in a neutral place. The officer making the contact should not be in uniform or in police vehicles. Contact should be made in such a manner that the informant’s association with the law enforcement agency would not be disclosed. Get the informer away from his local habitat to a place where he is not known. Call him by phone and let him set the time and place. (ii) Plan the interview as to the type of “approach.” [1] Return of favor. – Even small favors can help a lot in developing informants. These may be extended in various ways. [2] Monetary consideration – There may be ties when an officer has to pay for information. one must make sure he gets his money’s worth. Do not overpay or you will have a professional informant. [3] Appeal to prospect’s ego. – Men on the beat (patrolmen/investigators) have a good opportunity of developing informants. [4] Development of “friendship” helps because the informant respects the officer. – This is accomplished by friendly acts of the officer to the possible informant himself or his relatives. [5] Involvement in illegal activity – The illegal activity serves as pressure on the possible informant. The attitude toward him, though, should be “Put up or get out”. [6] Fear motive. – This is fear of the police or of his associates [7] Revenge motive [8] Perverse motives – To eliminate competition, for example. [9] Bad publicity – Especially applicable to businessmen (iii) Officer’ Ability. [1] Develop an informant to the point that he really respects you. - Do not call hour informant a “stool pigeon” or a “stoolie” when talking to him. [2] Secrecy in contacts cannot be over-emphasized. It helps maintain the confidence of the informant. You may use fictitious names over the phone. Contact should be discreet and the meeting place frequently changed. [3] The informant may expect a few favors in return. – Make him understand that you association with him does not give him the license to operate illegally. You must have him understand also that he is not an employee of the police even though he is being paid for the information. It may be necessary to hold something over his head. - Be sure that your informant does not brag about his association with you - Make sure he is giving you good information. test him with facts you know. - Do not allow yourself to be interviewed by an informant. Give him the facts he needs to know, and nothing more. 5. Use of Informants a) Maximum benefit. – The confidential informant should be used for the maximum benefit of the entire organization, not of only one (1) officer/investigator.
- 17. www.rkmfiles.net 17 b) A designated executive should be aware of the identity of the informant. – At least two (2) individuals in the law enforcement agency should know the identity of a confidential informant. This gives him the feeling that he is really cooperating with the police. It is also possible that something might happen to you, which would mean the loss of the informant to the entire police force. Besides the officer who developed the informant, it is suggested that the other be a rank-officer to give the informant a feeling of importance. c) Consider a program within your respective commands for the development of informants. (i) Keep records as to the ability of your men to develop informants. (ii) Keep records as to the accomplishments of each of the informants. This should tell you who among the informants should be discarded. (iii) Keep records as to fugitives apprehended, loot recovered and cases given to you. (iv) Maintain a tickler system to review your informant’s contribution to your command. B. UNDERCOVER INVESTIGATION 1. Preparation for undercover work should be sufficiently thorough: a) To preclude compromise b) To minimize danger to the undercover operative c) To ensure the ultimate success of the investigation 2. Undercover investigation should not be attempted until other investigative techniques have failed or are deemed impractical. 3. Factors to consider before undercover investigation is initiated: a) The exact result desired b) Jurisdiction c) The importance of the investigation d) Available planning information e) Availability of qualified personnel f) The equipment and preparation necessary g) Danger to the investigator involved. 4. General and Specific Qualifications – Undercover work as a selective assignment requires that the investigator possess, in addition to certain general qualifications, specific qualifications required in the type of investigation being conducted. a) General qualifications: (i) Well-trained and experienced (ii) A calm, collected and resourceful individual with good judgment and wit (iii) Complete self-confidence to feel absolutely certain that he can successfully play the part of the character he will assume. (iv) Courage and ability to meet unforeseen situations with quick, sound decisions (v) Will power to avoid drugs and excessive use of intoxicants. (vi) Ability to avoid unwise entanglements with women involved in the case or associated with the subject. b) Specific qualifications (i) Ability to act out an assumed role (ii) Good memory in an investigation in which no notes can be taken or report submitted. (iii) Skill adaptable to the occupation assumed. (iv) Physical appearance and capabilities consistent with his assumed qualifications. (v) Well-grounded in the lingo and techniques of the subject criminal operations (vi) In special situations, the undercover investigator should possess certain linguistic abilities, hobbies, sports, musical talent and personal background for the particular and undercover assignment. 5. Authority for undercover operations must be from the top officer of the organization, for this requires coordination with other agencies.
- 18. www.rkmfiles.net 18 6. The fewest number of persons must know the undercover operation. Otherwise, the investigation or the operative himself might be jeopardized. 7. The background or cover story regarding the assumed identity of the undercover operative must be such that he can easily win the confidence of the suspect or organization sought to be infiltrated, and should seldom be wholly fictitious. 8. Badge and credentials must never be carried. 9. A weapon should only be carried if it is consistent with the background story. 10. Provide safe communication systems between the undercover agent and headquarters relaying information or instructions. 11. Arrangements for drops and safe houses must be made and, if necessary, the undercover operative himself may be placed under surveillance. 12. The undercover operative must never pose as a criminal unless no other approach appears adequate. 13. The role of the undercover operative is to gather information or evidence against the suspect(s) or the organization, never to instigate the commission of a crime. 14. Plans for the operation must provide actions or alternatives in case the undercover is arrested. 15. Reminders tot he undercover operative: a) Act as natural as possible. b) Do not overplay the part. c) Do not indulge in any activity, which is not in conformity with the assumed identity. d) Do not make notes unless they are to be mailed or passed immediately: (Use codes and never place return address in letters and envelopes). e) Do not use intoxicants except to play the part. f) Limit association with women to that necessary to play the part C. SURVEILLANCE 1. In General. – In the investigation of a certain case, a point is reached when the investigator sometimes finds it difficult to secure leads through questioning of the complainant and witnesses. In such a situation, the investigator has to go to the filed to locate the criminal or, if he is known, to study his habits, movements and possible accomplices in the commission of the crime. 2. Definition – Surveillance is the discreet observation of places, persons and vehicles for the purpose of obtaining information concerning the identities or activities of subjects. 3. Objectives of Surveillance: a) To detect criminal activities b) To discover the identity of persons who frequent the establishment and determine their relationship. c) To discern the habits of a person who lives in or frequents the place. d) To obtain evidence of a crime or to prevent the commission of a crime. 4. Shadowing or Tailing. It is the act of following a person. Its objectives are: a) To detect evidenced of criminal activities. b) To establish the association of a suspect c) To find a wanted person d) To protect a witness There are three (3) types of shadowing employed, depending upon the objective of the surveillance:
- 19. www.rkmfiles.net 19 a) “Loose Tail” is employed when a general impression of the subject’s habits and associates is required. b) “Rough Shadowing” without special precautions may be used where the criminal must be shadowed and he is aware of this fact; or where the subject is a material witness and must be protected from harm or other undesirable influences. c) “Close Tail” surveillance is one is which extreme precautions are taken against losing the subject. 5. Tactics. – The subject should be kept unaware that he is being shadowed. The investigator should be inconspicuous. He should not be detected looking directly at the suspect. He should shift from left to right, never remaining for long directly behind the subject. Both sides of the street should be used. If the tail, he should request immediate removal from the statement. 6. Note. – The investigator must maintain a note or log containing a chronological record of the activities of both the investigator and the subject. The log can be used either in the interrogation of the suspect or for purposes of cross-examination during trial. 7. “Roping” or Undercover Work. – It is a form of investigation in which the investigator assumes a different and unofficial identity (a cover story) in order to obtain information. The general objective of an undercover investigation is to obtain more information. 8. Arrest of Undercover Agent. – If the police arrest an investigator, he must act in accordance with his orders. If he has not received orders regarding the disclosure of his identity in case of arrest by other law enforcement officers, he must act according to his judgement. In such a case, if retaining his assumed character does not serve a useful purpose, the investigator should refuse to make a statement except to a member of his own organization. 9. Preparation and Supervision of Discreet Surveillance a) Familiarize participating operatives with the case. (i) Use sketches, photos and maps in the briefing. (ii) Make a physical description of the subject(s). (iii) Anticipate contingencies that arise and plan what to do (iv) Ready coins for bus or jeepney fare and for making phone calls (v) Determine exits and have them covered. (vi) Bear in mid the need to secure a Search Warrant on short notice. (vii) Ready materials for recording surveillance (viii) Pre-arrange signals. (ix) Maintain contact among the participants. (x) Rotate participants and apportion their distances. (xi) Consider the possibility of counter-surveillance. b) Choosing proper equipment. Equipment include motor vehicles, boats, binoculars, camera, radio equipment, handcuffs, containers for evidence, strips of neolith and other materials for disguising motor vehicles (day or nighttime), firearms, tear gas etc. Standard Methods of Recording Investigative Data a) Photographs; b) Sketching crime scenes; c) Written notes (what you have seen or observed); d) Developing and lifting fingerprints found at the crime scene: e) Gathering physical evidence; f) Plaster cast; g) Tape recording of sounds; h) Video tape recording of objects; and i) Written statements of subjects(s) and witnesses
- 20. www.rkmfiles.net 20 Scientific Examination of Real Evidence a) The Crime Scene Search Processing and Securing a Crime Scene – Processing a crime scene includes the application of diligent and careful methods by an investigator/policeman to recognize, identify, preserve and collect facts and items of evidentiary value that may assist in reconstructing that which actually occurred. The crime scene is the area surrounding the place where the crime occurred. the processing of the area at the scene includes all direct traces of the crime. and this is determined by the type of crime committed and the place where the act occurred. Protecting the Crime Scene and the Evidence – Successful crime scene processing, depends upon the policeman’s or investigator’s skill in recognizing and collecting facts and items of value as evidence, and upon his ability to protect, preserve, and later, to present these in a logical manner. This requires making careful and detailed notes and sketches; using correct procedures in taking photographs of the scene; taking written statements and transcribing verbal statements of witnesses, suspects and marking and preservation of collected physical objects of evidentiary nature. b) Laboratory examination of objects and substances located usually at the crime scene Objects and substances needing examination in some cases are carried, intentionally or unintentionally, by suspects from the crime scene. Investigator’s Notebook. a) Purpose: Considering the mass of details and the number of cases which in some instances an investigator is handling, it is very possible that he might forget some details. Many of the details associated with the investigation, while not essential to the report, might become points of interest to the court when the case is brought to trial. Experienced investigators employ a handbook to record the relevant details of the case. During trial, the court allows investigators to consult their notes to refresh their memory. b) Recording Notes: The data of the investigation should be recorded in a complete, accurate and legible fashion so that in the event another investigator is required to assume the responsibility for the investigation, be can make intelligent use of the notebook. Custodial Investigation/Interrogation. It is the skillful questioning of a suspect or a hostile witness to divulge information on the crime being investigated. It must be remembered, however, that police investigators cannot learn proper interrogation merely by reading books. The success of interrogation depends on its legality, topic, physical insight and experience. PROCEDURE AT THE CRIME SCENE Upon Arrival at the Crime Scene a. 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 b. Secure the crime scene by installing the crime scene tape or rope (police line) c. Before touching or moving any object at the crime scene 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. After the victim is remove and brought to the hospital for medical attention, measure, sketch, and photograph. Only a coronal or a medical examiner shall remove the dead body unless unusual circumstances justifies its immediate removal. d. Designate a member of the team or summon other policemen or responsible persons to stand watch and secure the scene, and permit only those authorized person to enter the same.
- 21. www.rkmfiles.net 21 e. Identify and retain for questioning the person who firs notified the police, and other possible witnesses. f. Determine the assailant through inquiry or observed him if his identity is immediately apparent. Arrest him if he still in the vicinity. g. Separate the witnesses in order to get independent statements. Recording - As a rule, do not touch, alter or remove anything at the crime scene until the evidence has been processed through notes, sketches and photographs, with proper measurements. Searching for Evidence a) A general survey of the scene is always made, however, to the location 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. b) The investigator examines each item encountered on the floor, walls, and ceiling to locate anything that may be of evidentiary value. You should: i. Give particular attention to fragile evidence that may be destroyed or contaminated if it is not collected when discovered. ii. If any doubt exists as to the value of an item, treat it as evidence until proven otherwise. iii. Ensure that the item or area where latent fingerprints may be present is closely examined and that action taken to develop the prints. iv. 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. v. Note stains, spots and pools of liquid within the scene and treat them as evidence. vi. Treat as evidence all other items, such as hairs, fiber, and earth particles, foreign to the area in which they are fund – for example, matter found under the victim’s fingerprints. vii. 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 note have been completed and the investigator has returned to the point from which the search began. Further search may be necessary after the evidence and the statements obtained have been evaluated. c) 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 he faces the scene then the adjoining strips. d) It may be advisable to make a search beyond the area considered to be 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. e) After completing the search of the scene, the investigator examined the object or person actually attacked by the offender. Methods of Crime Scene Search A. Strip Search Method In this method, the area is blocked out in the form of a rectangle. The three (3) searchers A, B, and C proceed slowly at the same place along paths parallel to one side of the rectangle. When a piece of evidence is found, the finder announces his discovery and the search must stop until the evidence has been cared for. A photographer is called, if necessary. The evidence is collected and tagged and the search proceeds at a given signal. At the end of the rectangle, the searchers turn and proceed along new lanes. B. The double strip or grid method of search is a modification of the Strip Search Method. Here, the rectangle is traversed first parallel to the base then parallel to a side. C. Spiral Search Method - In this method, the three searchers follow each other along the path of a spiral, beginning on the outside and spiraling in toward the center. D. Zone Search Method - In this method of search, the area is considered to be approximately circular. The searchers gather at the center and proceed outward along radii or spokes. The procedure should be repeated several times depending on the size of the circle and number of searchers. One shortcoming of this method is the great increase in the area to be observed as the searcher departs from the center.
- 22. www.rkmfiles.net 22 Collecting Evidence. 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 report to the Firearms and Explosive Office (FEO) must be made for verification purposes. In the collection, the investigator should touch the evidence only when necessary. Removal of Evidence. The investigator places his initials, the date and the time of discovery on each item of evidence and the time discovery on each item of evidence for proper identification. Items that could not be marked should be placed in a suitable container and sealed. Tagging or Evidence. Any physical evidence obtained must be tagged before its submission to the evidence custodian. Evaluation of Evidence. Each item of evidence must be evaluated in relation to all other evidence, individually and collectively. Preservation of Evidence. 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. Releasing the Scene. The scene is not releases until all processing has been completed. The release should be effected at the earliest practicable time, particularly when an activity has been closed or its operations curtailed. Sketching Crime Scenes. Pointers to Consider: a) To establish admissibility, the investigator must have had personal observation o the data in question. In other words, the sketch must be sponsored or verified. b) REMINDER: Sketches are not a substitute for notes or photos; they are but a supplement to them. c) Types of sketches: Floor plan or “bird’s-eye view”; Evaluation drawing; Exploded view; and Perspective drawings. d) Write down all measurements. e) Fill in all the detail on your rough sketch at the scene. Final sketch may be prepared at the office. f) Keep the rough sketch even when you have completed the final sketch. g) Indicate ht North direction with an arrow. h) Draw the final sketch to scale. i) Indicate the PLACE in the sketch as well as the person who drew it. Use the KEY – capital letters of the alphabet for listing down more or less normal part sof accessories of the place, and numbers for items of evidence j) Indicate the position, location and relationship of objects. k) Methods or systems of locating points (objects) on sketch Rectangular coordinates. (Measurements at right angels from each of two walls) Coordinates constructed on transecting base line. Choose relatively fixed points for your baseline. Triangulation. (Measurements made from each of two fixed objects to the pint you want to plot or locate so as to form an imaginary triangle. Sketch will show as many imaginary triangles as there as object plotted). l) Two (2) investigators should check critical measurements, such as skid marks. m) Measurements should be harmony; or in centimeters, inches, yards, meters, mixed in one sketch. n) Use standard symbols in the sketch. o) Show which way doors swing, p) Show with arrow the direction of stairways. q) Recheck the sketch for clarity, accuracy, scale, and title key.
- 23. www.rkmfiles.net 23 GENERAL TYPE OF SKETCH Rough Sketch- made at the crime scene, no scale, proportion ignored and everything is approximate Finished Sketch- for courtroom presentation, scale and proportion are strictly observed. Kinds of Sketch 1. Sketch of locality gives a picture of the crime scene in relation to its environs including neighboring buildings, roads, etc. 2. Sketch of grounds includes the crime scene and its nearest environment, ex a house w/ a garden 3. Sketch of details describes the immediate crime scene only. SCENE OF CRIME OPERATION (SOCO) Composition of SOCO Team The SOCO team is composed of but not limited to the following depending on the nature of the case: 1. Team Leader 2. Assistant team leader 3. Photographer and photographic log recorder 4. Sketcher and Evidence Recorder 5. Evidence Recorder 6. Evidence Recovery Personnel 7. Driver/Security Personnel Functions and Responsibility 1. Team Leader a. Assume control of the crime scene. Ensure the safety of personnel as well as the victim and offenders caught in the scene and secure the crime scene from kibitzers. b. Conduct initial survey of the crime scene for evaluating potential evidence and narrative description of the place. c. Determine search patterns to be used and designate assignments to evidence gatherer. d. Designate command post location in or near the crime scene and insure exchange of information between searcher and investigator. e. Coordinate with other law enforcement agencies for the security of the victims, offenders/suspects and the scene of the crime. f. Ensure that sufficient supplies and equipments are made available for personnel involved in SOCO. g. Control access to the scene and designate personnel. To log persons entering the place and remove Kibitzers in the area, h. Continuously reevaluate efficiency of the search ensure and that all places are searched properly. i. Release the crime scene to the investigators handling the case 2. Assistant Team Leader a. Shall assist the team Leader in all his functions and responsibilities. b. Assume/takeover the responsibilities of the Team leader in his absence 3. Photographer and photographic log recorder: a. Photograph the entire area of the crime scene with overall medium and close-up coverage using appropriate scale. b. Photograph victims, suspects/offenders arrested in the scene. c. Photograph all evidences before collection.
- 24. www.rkmfiles.net 24 d. Photograph all latent Fingerprints, impressions before lifting or casting is made. Likewise, photograph blueprints map and other items e. Prepare photograph log photographic sketch. 4. Sketcher: a. Perform all sketches necessary during the crime scene processing. 5. Evidence Recorder/Custodian: a. Prepare evidence recovery log and accomplish chain of custody of evidence. b. Conduct packaging, preservation and transportation of gathered evidence to the Crime Laboratory. c. Coordinate evidence nomenclature with sketcher, photographer and evidence gatherer. d. Receive and record all evidence recovered. e. Maintain custody and control of evidence f. Observe the proper custody of evidence g. Coordinate transmittal of evidence to case investigator or to Crime Laboratory per agency guidelines. 6. Evidence Recovery Personnel: a. Have significant evidence photograph before it is collected. b. Keep team leader always apprised of significant evidence located. c. Initial and date all evidence and turn it over to the evidence recorder/custodian after noting where the item was located. d. Coordinate evidence nomenclature with evidence recorder/custodian and sketch prepared. e. Ensure that appropriate safety measures are adhered to especially with respect to proper clothing including gloves. Equipment 1. Basic Equipment - Crime Scene tape or Rope (Police Line), Measuring device e.g. ruler and measuring tape, Recording materials e.g. chalk, sketcher and paper pad, Camera with film, Video camera or tape recorder, Evidence collection kit, Flashlight 2. Evidence Containers - String tags-large and small, Evidence tape or masking tape, Roll of manila paper for wrapping, Plastic gallon, ½ pint bottles/vials-plastic and glass, ¼ pint bottles/vials-plastic glass, Absorbent cottons, Rolls of fingerprint tape, Plastic bags-different sizes, Paper bags-different sizes 3. Tools - Pair of scissors, Knife-heavy duty and folding knife, Adjustable wrench, Pliers, Wire cutter, Complete screw driver set, Saw, Hammer, Ax of hatchet, Shovel, Fingerprint magnifier, Nylon brush, Magnet, Spatula, Box of plaster of Paris for casting or lifting foot marks, Goggles, Sifting screen, Funnels of different sizes, Ladder, Hand lens of magnifier, Weighting scale, Vernier caliper and micrometer, Scalpels 4. Evidence Gathering Equipment - Rubber glove and cotton, Box or filter, White cotton sheet, Cotton balls and swabs, Fingerprint car, data card and ink cards, Photo data card, Black and white latent print lifting cards, Rolls of lifting card, Complete magna brush kit, Complete dusting kit, Heavy duty rubber lifters, Camera whit no wide angel, normal and macro lens, Arson kit, Casting and molding kit, Electric engraver 5. Miscellaneous - Rubber bands, Pencil, ball pens, pentel pen-different color, Chalks, Permanent flat marker, Eraser, Stapler with extra staple, Assorted paper clip and binders, Notebooks, paper pads, sketch pads and drawing pads, Drawing compass, Clippers, Magnetic directional compass, Carbon papers and coupon bonds.
- 25. www.rkmfiles.net 25 INTERVIEW IN GENERAL Interview Defined. - An interview is the questioning of a person believed to possess knowledge that is in official interest to the investigator. Importance of Interview. - Interview in crime investigation is very important considering that the person interviewed usually gives his account of an incident under investigation or offers information concerning a person being investigated in his own manner and words. Basic Assumptions: Nobody has to talk to law enforcers. No law compels a person to talk to the police if he does not want to. Therefore, people will have to be persuaded, always within legal and ethical limits, to talk to law enforcers. This makes interviewing an art: The Person Interviewed (Consider the following) g) His ability to observe. h) His ability to remember i) His ability to narrate. j) His mental weakness because of stupidity or infancy k) His moral weakness because of drunkeness, drug addiction, his being a pathological liar or similar factors. l) Emotional weakness resulted by family problems, hatred, revenue, and love. The Interviewer’s Personal Traits m) He must be a practical psychologist who understands the human psyche and behavior. n) He has a sincere interest in people. o) He is clam, has self-discipline, and keeps his temper. p) He is courteous, decent and sensitive. q) He is self-assumed and professional. He is tactful, i.e. he knows what to say when and how to say it. r) He is cordial and agreeable, and never officious. But he should avoid over-familiarity it. s) He is forceful, persistent and patient. Some people just 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. SCIENTIFIC AIDS TO CRIMINAL INVESTIGATION The scientific tools a criminal investigator can use are: a. Fingerprinting (Dactyloscopy) b. Photography c. Forensic Chemistry d. Medico-legal e. Forensic Ballistics f. Questioned documents examination g. Polygraphy h. DNA Analysis
- 26. www.rkmfiles.net 26 DNA: THE LATEST SCIENTIFIC TOOL Deoxyribonucleic Acid (de–ak–si–ri–bo–n(y)u–kle–ik) - is a chemical substance found in all cells of living organism whose composition have been passed on from parents to offsprings. It is called as the genetic or hereditary material. A person’s DNA is the SAME in every cell. It is contained in blood, semen, skin cells, tissue, organs, muscle, brain cells, bone, teeth, hair, saliva etc. Chemically, it is an acid and is composed of three sub-units, namely: 1. the phosphate group 2. a deoxyribose sugar, and 3. one of the four bases – Adenine (A), Thymine (T), Cytosine (C) and Guanine (G) FROM THE WHOLE TO THE (MICROSCOPIC) PARTS The There Each One The Genes are human is a nucleus chromosome chromosomes segments body nucleus contains 46 of every are filled of DNA contains inside chromosomes pair with that contain 100 each arranged is from tightly instructions trillion human in 23 each coiled to make cells cell pairs parent strands proteins of the building DNA blocks of life BIOLOGICAL EVIDENCE AMENABLE FOR DNA ANALYSIS blood and bloodstains semen and seminal stains hair with follicle/root saliva and buccal cells tissues and skin cells organs bone marrow and bones teeth LINE UP OF CASES WHERE DNA ANALYSIS MAYBE USEFUL Sexual assault cases like RAPE Murder Homicide Robbery
- 27. www.rkmfiles.net 27 Hit and run Extortion Paternity cases Identification of remains in mass disaster IDENTIFYING DNA EVIDENCE EVIDENCE Possible location of DNA on the evidence Source of DNA baseball bat or similar weapon handle, end sweat, skin, blood, tissue hat, bandanna, or mask inside sweat, hair, dandruff eyeglasses nose or ear pieces, lens sweat, skin facial tissue, cotton swab surface area mucus, blood, sweat, semen, earwax dirty laundry surface area blood, sweat, semen toothpick tips saliva used cigarette cigarette butt saliva stamp or envelope licked area saliva tape or ligature inside/outside surface skin, sweat bottle, can, or glass sides, mouthpiece saliva, sweat used condom inside/outside surface semen, vaginal or rectal cells blanket, pillow, sheet surface area sweat, hair, semen, urine, saliva “through and through bullet outside surface blood,tissue bite mark person’s skin or clothing saliva fingernail, partial fingernail scrapings blood, sweat, tissue
- 28. www.rkmfiles.net 28 COLLECTION OF DNA EVIDENCE BLOOD Liquid Liquid Person Scene Collect in EDTA tubes. a. Use syringe, collect into EDTA tube. b. Transfer onto cotton cloth. Air dry. BLOOD Clot Scene a. Collect clot in test tube. b. Transfer onto cotton cloth. Air dry. BLOOD Wet Wet Wet Clothing Object Water Air dry at room temperature. Package in paper bag. Air dry at room temperature. Package in paper bag. Collect sample with syringe. Place sample in plastic container. Freeze sample. DRIED BLOOD Crust Stain Person, Scene, Object Weapon Scrape crust into paper packet. Collect control blank. Collect item directly. EVIDENCE CONDITION LOCATION COLLECTION MODE DRIED BLOOD Stain Stain Stain Spatters Small object Vehicle,Uphol- stery,Carpet, Wallpaper,Wood Unmovable surface, concrete wall Unmovable surface Collect entire item. Cut out stained area. Package separately. Collect control. a. Scrape into paper packet. Collect control. b. Transfer onto moistened cotton thread. Air dry thread. Tape lifting. Place in container. SEMEN Liquid Liquid Wet Dried stain Victim Object, Scene Clothing Clothing, Carpet Upholstery Unmovable surface a. Collect sample with rape kit. b. Collect sample with swabs. Keep in refrigerator. a. Collect liquid semen into tube. b. Transfer onto cotton cloth. Air dry. Air dry. Package separately. Collect as is. Package separately. Cut out section with stain. Collect control. Scrape sample into paper packet. Collect control.
- 29. www.rkmfiles.net 29 HOW IS DNA TYPING DONE? DNA typing or profiling is a procedure wherein DNA extracted from the evidentiary sample as well as from the reference biological samples obtained from the victim and suspect are analyzed and processed to generate a particular pattern or profile for each samples. This profile is unique for each person except from identical twins. The patterns are compared either with that of a known individual to determine a match, or a set of possible relatives to determine consanguinity. In individual identification, the pattern obtained from the evidentiary sample is compared with that of a suspect. If the patterns are different, definitely it has not originated from the suspect. If it is SIMILAR, the probability that the evidentiary sample arose from the suspect and not from a random individual in the population is calculated using a formula based on well-accepted concepts of statistical probabilities and population genetics. In cases of determining consanguinity, DNA from the subject and his/her relatives are analyzed and compared. DNA fragments of an individual are contributed by his/her father and mother. Identification of mass disaster victims are done in the same way, the DNA of unidentified victim and relatives are analyzed and compared. In paternity cases, the DNA fragment contributed by the father should be observed in the alleged father. Then, the probability that the alleged father is the father of the child is calculated as a ratio between that of the alleged father and any random male in the population. There are several types of DNA tests that can be performed. The NBI currently employs the PCR-based testing using the Short Tandem Repeats (STR) systems like PE-ABI Profiler and Promega’s PowerPlex 16 and PowerPlex Y Systems of analysis. STAGES OF DNA ANALYSIS EXTRACTION – to obtain the DNA material from the specimen. Two commonly used methods are Chelex, DNA IQ (rapid methods) and organic extraction. QUANTITATION - to determine the amount of DNA material extracted from the sample. NBI make use of the QUANTIBLOT kit which is human specific and highly sensitive up to picogram level. DNA AMPLIFICATION by PCR (Polymerase Chain Reaction)– to make many copies of specific DNA fragment. PCR is a synthesis reaction that is repeated for a number of cycles and results in exponential EVIDENCE CONDITION LOCATION COLLECTION MODE URINE Liquid Person Direct deposit in container. Keep refrigerated. SALIVA Liquid Scene Use syringe transfer into test tube. Keep refrigerated. TISSUE, ORGAN BONE Fresh Dried Scene Scene Place in container. Keep refrigerated. Place in container. HAIR With tissue With blood Intact hair Fragments Control Scene Scene Scene Scene Person Collect hair with tissue in container. Keep refrigerated. Separate hair from blood. Air dry. Collect in paper packet. Pick up sample with clean forceps. Place in paper packet. Tape lift. Package in container. Pulled (at least 20).
- 30. www.rkmfiles.net 30 accumulation of the specific DNA fragment. The thermal cycler is the machine that does this PCR and is compared to a Xerox machine. Admissibility of DNA evidence Under the rules of evidence, expert opinion on specialized knowledge must be relevant to the question at issue; that is, it must assist the trier of fact to understand the evidence or to determine a fact in issue. For instance, in the Daubert case earlier referred to, two minor children and their parents sought to recover damages for birth defects which were allegedly caused by the mother’s prenatal ingestion of Bendectin, an anti-nausea drug sold by the defendant pharmaceutical company. After discovery, the defendant moved for summary judgment, asserting that Bendectin does not cause birth defects in humans. Defendants submitted an opinion from a well-credential expert stating that his review of all of the literature on Bendectin revealed nothing to indicate that the drug was capable of causing birth defects in humans. So the issue before the court was what standard would be used for admitting expert scientific testimony in a trial before a federal court. The US Supreme Court held that the standard should be “If scientific, technical, or other specialized knowledge will assist the trier of fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education may testify thereto in the form of an opinion or otherwise.” This is the standard laid down in Rule 702 of the Federal Rules of Evidence in the US. Our own Rules of Court in the Philippines follows this standard with respect to the admission of opinion evidence. In short, expert opinion based on the scientific method must be (1) relevant to the fact in issue, and (2) must be scientifically valid, as tested by the four indicia noted above. Relevance requires a valid scientific connection to the pertinent area of inquiry so that it will be admitted as evidence. In the Philippines, the admissibility of DNA evidence was squarely raised in the celebrated case of People v. Hubert Webb, et. al. (Criminal Case No. 95-404, Regional Trial Court, Branch 274, Parañaque City). This case involved a sinister plan to gang rape the teen-aged victim. The accused, 7 of them, went to the house of the victims after midnight on June 29, 1991 and by a pre-arranged plan with the principal witness, three of them entered the house. According to this witness, after three of the accused had entered the house, she too went inside and pushing a door leading to one of the rooms, she saw two bloodied bodies on top of the bed, and on the floor she saw the first accused with bare buttocks on top of the rape victim, pumping her. She also saw the second accused at the foot of the bed where the two bodies lay, which was about to wear his jacket. She saw the rape victim moaning and in tears, and her mouth was gagged. It was further found by the trial court that when the first accused was raping the victim, her seven year-old sister was awakened and, upon seeing her elder sister being raped, she jumped at the first accused, bit his shoulder, grabbed his hair, and pulled down his leather jacket. The first accused became furious, grabbed the young girl, pulled her to the wall, and stabbed her several times. The medico-legal officer of the NBI found that the mother of the rape victim was stabbed 12 times after having been hog-tied with an electric cord like the younger daughter. The rape victim was found positive for spermatozoa in the genital area in the smear test conducted by the NBI laboratory although it was noted that there were no injuries therein. At the time the cadaver of the rape victim was discovered, she was found naked from the waist down; and it bore contusions on the left and right thighs, which meant that she had put up a severe resistance to an unwanted sexual intercourse. The wounds on the younger sister also indicated that she was able to ward off her assailant. It can be seen from this recitation of facts in the decision of the trial court that there were various sources of DNA evidence which could have been presented by either the prosecution or the defense. Aside from the spermatozoa found on her genitalia by the NBI’s smear test, it was found that the younger sister of the victim bit the shoulder of the first accused and grabbed his hair. So the police investigators could have examined her teeth as well as the strands of hair of the accused to gather DNA evidence. Unfortunately, nothing of this sort was done by the police. As for the sperm sample obtained by the NBI laboratory, the first accused wanted to present this as evidence for the defense at the trial, but the prosecution objected on the ground that this has been degraded at the time of the trial, which was held from August, 1995 to February 1998. The trial court sustained the objection of the prosecution, and the defense let it rest at that. Thus, the opportunity to use DNA evidence to conclusively prove the guilt or the innocence of the accused was lost. This case has been appealed to the Supreme Court with both sides predicting victory. The defense of the accused was alibi. While we all know that alibi is a weak defense, it must be noted that in this case, the first accused presented an array of witnesses as well as documentary evidence to prove that he was in California at the time of the commission of the crime. The other accused also depended on alibi for the defense. A total of 95 witnesses were presented by the accused to support their defense, while the prosecution presented 7 witnesses. The decision in this
- 31. www.rkmfiles.net 31 case is so controversial that the Supreme Court has decided to hear it en banc, as it has required the accused to furnish 19 copies of their briefs (People v. Hubert Webb, G.R. No. 141859). Admissibility of DNA evidence under Philippine Law Under our laws, evidence is admissible when it is relevant to the fact in issue and is not excluded by the Rules (Rule 128, sec. 2, Rules of Court). Under this test, evidence is relevant when it has such a relation to the fact in issue as to induce belief in its existence or non-existence. Evidence, to be relevant, need not conclusively prove the ultimate fact in issue, but only have any tendency to make the evidence of any fact that is of consequence to the determination of the point in issue more probable or less probable than it would be without the evidence. DNA evidence would be invaluable as corroborative evidence without statistical backup if the accused has been identified by other proof. It would be proper to inform the court that two DNA samples match or do not match. In the case of a match, this makes it probable that the DNA in the sample come from the same person suspected as a perpetrator. It would be corroborative even without the statistical back up needed in the Frye test or under the Federal Rules of Evidence. In case of a non- match, this may lead to the acquittal of a suspect. The probability under this form of presentation would be in an amount that is not precisely known. This is because the only criterion we are using is that of relevancy. Evidentiary facts are relevant in evidentiary rules where there is such a rational and logical connection between them and the matter in issue that proof of the former logically tends to make the latter more probable or improbable – that is, where the fact offered in evidence has a legitimate tendency to establish the truth concerning a controversial issue (Francisco, Revised Rules of Court (Evidence) 1964, p. 40, citing Jones on Evidence, p. 240). Under our Rules, even collateral matters are allowed when they tend in any reasonable degree to establish the probability or improbability of the fact in issue (Rule 128, sec. 4). With such liberal rules of evidence, there should not be any doubt as to the admissibility of DNA profiles in our courts, even without the support of population genetic statistics. Thus, in a prosecution for abusos deshonestos, our Supreme Court held that it was not error for the trial court to convict the defendant on the basis of a finding of the Bureau of Science that the substance taken from the sex organ of the defendant showed that he was suffering from gonorrhea, like the complaining witness who was infected with the disease as a result of the crime (U.S. v. Tan Teng, 23 Phil. 145 [1912)]). This shows that even a mere finding from the government bureau which shows a match between the disease of the defendant and that of the complaining witness can be considered relevant under our rules, as it tended to show the probability of the defendant’s physical contact with the complaining witness. Even in the United States under the Frye test, some courts have admitted DNA match profiles without the statistical back up. The Pennsylvania Supreme Court held that “the factual evidence of the physical testing of the DNA samples and the matching alleles, even without the statistical conclusions, tended to make the appellant’s presence more likely than it would have been without the evidence, and was therefore relevant” (Commonwealth v. Crews, 640 A2d 395 [1994]). Our rules of evidence are all based on probabilities. “The most that can be reached is a high probability that the fact in question is true,” says Wharton, for “it is impossible even to expound the principles and method of induction, as applied to natural phenomena, in a sound manner, without resting them upon the theory of probability” (Wharton, Criminal Evidence, cited in Francisco, id. at 48). “We have, therefore, to content ourselves with partial knowledge – knowledge mingled with ignorance producing doubt. Even scientific conclusions cannot be demonstrated except so far as they deal with abstrations” (ibid.). “Probabilities have been with us for years, and a statement of a probability is, by its nature, a statement of partial knowledge, so it is paradoxical to imply that in principle we cannot calculate the probability of an event without further empirical knowledge” (MacKnight, “The Polymerase Chain Reaction (PCR): The Second Generation of DNA Analysis Method Takes the Stand”, 9 Santa Clara Computer & High Tech. L.J. 287 (1993) at 328). Of course, the loose relevancy in our rules does not augur well for the protection of the rights of the accused. Scientific evidence tends to mystify even the hard-boiled judges who are ignorant of DNA technology. The scientific jargon may overwhelm them into admitting DNA evidence and give these frill credence, unless the accused hires his own expert to challenge the findings. If the defense counsel fails to challenge the weight of such evidence because of ignorance of the procedures for validation, cross-checking and re-testing, or if he fails to challenge the premise of the expert witness, the accused would remain at the mercy of the prosecution expert. The relevancy standard in evidence implicitly relies on the effectiveness of the adversarial system and on the right of cross-examination to protect the rights
- 32. www.rkmfiles.net 32 of the accused. Failure of the defense counsel to question the findings of the prosecution expert will place the accused at the short end of due process. The defense counsel in a situation like this should at least have an idea about laboratory testing and sampling procedures, population genetics, reliability of statistics, and laboratory error rates. The accused should have the logistics to hire his own expert so that he can be placed on an even keel with the prosecution. As for expert opinion on DNA profiles, our rules of evidence admit such opinion as long as the witness proves that he is an expert in a given field. And he can do this by proving that he has knowledge, skill, experience, training, or education in any given field (Rule 130, sec. 49). Of course, the difficult problem is that the presentation of DNA evidence requires different forms of expertise. The presenter may have to present a laboratory technician, a molecular biologist, a population statistician, and a geneticist. This is because the laboratory technician may not be qualified to testify on molecular biology, the biologist may not be able to testify on statistical probabilities on the frequency of a random match, and the statistician may not be qualified to testify on population genetics. Thus, in Powell v. State (598 SW2d 829 (1994)), the defendant challenged the expertise of the molecular biologist to testify on the probabilities of matching DNA patterns because he was not qualified as a population geneticist. (See also Swanson v. State, 823 SW2d 812 [1992]). In State v. Lewis, (654 So2d 761 [1995]), the trial court denied expert status to a lab technician who presented herself as an expert in molecular biology; the appellate court reversed because she belonged to invitational professional organizations, received several academic awards, had written 14 articles on DNA analysis, and had been assistant director of a laboratory for more than one year. The other problem here is that there are only a few experts in the pertinent fields. Experts in statistics, genetics, biology, organic and inorganic chemistry, computers, laboratory testing and protocols, on human hair and sperm, blood and bloodstains, etc. would be needed in this kind of inquiry. They are rare birds, especially here in the Philippines. They therefore do not come cheap, and engaging their services would add to the high cost of DNA profiling and testing, which has been estimated to cost at least P30,000 at pre-devaluation rates. A poor defendant may not have access to such experts. This raises constitutional issues of due process and violation of the rights of the accused. He may not get a fair trial if he cannot engage the services of such an expert witness. Since most defendants in heinous crimes like rape and murder are generally poor, they would not have the resources to pay for their own experts or to import them from abroad. This would result in a one-sided contest in our criminal justice system.
- 33. www.rkmfiles.net 33 SPECIAL CRIMINAL INVESTIGATION HOMICIDE AND MURDER INVESTIGATION Homicide Investigation - It is the official inquiry made by the police on the facts and circumstances surrounding the death of the person which is expected to be criminal or unlawful. Homicide Any person who, not falling within the provisions of Article 246 (Parricide) Revised Penal Code shall kill another without the attendance of any of the circumstances enumerated in Article 248 (Murder) RPC, shall be deemed guilty of homicide. The elements of homicide are: (1) A killing exist (2) The accused did the act without legal justification and with intent to kill (3) The killing is neither murder, parricide nor infanticide. Intent to kill is presumed if deaths results from the unjustified act. If death did not result from the act, intent to kill is essential to prove attempted or frustrated homicide otherwise the crime may be physical injuries only. Murder Any person who, not falling within the provision of Article 246 (Parricide) of the RPC shall kill another, if committed with any of the following attendant circumstances: 1. With treachery, taking advantage of superior strength, with the aid of armed men, or employing means to weaken the defense or of means or persons to insure or afford impurity. 2. In consideration of a price, reward, or promise. 3. By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment or assault upon a street car or locomotive fall of an airship, by means of motor vehicles or with the use of any other means involving great waste and ruin. 4. An occasion of any of the calamities enumerated in the proceeding paragraph or of an earthquake, eruption of a volcano, destructive cyclone, epidemic, or any other public calamity. 5. With evident premeditation. 6. With cruelty, by (deliberately and inhumanly augmenting the suffering of the victim, or outraging or scoffing at his person or corpse. The elements of murder are: (1) A killing exists. (2) The accused killed the deceased under any of the above circumstances qualifying the killing to murder. (3) The killing does not constitute parricide or infanticide. The circumstances that qualify the killing to murder must be alleged in the information as otherwise the killing may be considered as merely homicide. Parricide Any person who shall kill his father, mother, or child, whether legitimate or illegitimate, or any of his ascendants or descendants, or his spouse, shall be guilty of parricide. The elements of parricide are: (1) A person is killed by the accused. (2) The person killed is the father, mother or child (not less than three days old), whether legitimate or illegitimate, or the ascendant or descendant or the spouse of the accused.
- 34. www.rkmfiles.net 34 The relationship with the other ascendant or descendant (grandfather or grandson) must be legitimate. The spouse killed must be legitimate wife or husband. But the father, mother or child may be legitimate or illegitimate. If the child killed is less than three days old, the crime is infanticide. Responsibilities of a Homicide Investigator 1. Homicide investigator when called upon to investigate a violent death, stand on the dead man’s shoes, to produce his instincts against those suspects. Consequently, the zeal, enthusiasm and intelligence the investigator brings in the case marks the difference between a murderer being convicted or set free. 2. If the investigator interprets an accidental death as due to natural death and wisdom or the family may be deprived of benefits and other properties which the deceased have sacrificed to obtain. 3. If he interprets a criminal death as accidental or natural, a guilty person is otherwise set scot free. Note: Remember that the police is the first line of defense in the effective application of criminal justice. A. The Primary Job of the Investigator 1. To discover whether an offense has been committed under the law. 2. To discover how it was committed. 3. Who committed it and by whom it was committed. 4. When it was committed. 5. And under certain circumstances why it was committed. B. Mistakes in Homicide Investigation 1. The mistakes of the homicide investigator can not be corrected. 2. The homicide investigator should not cross the three bridges, which he burns behind him. It is important that competent personnel adequately handle the case. The following are the three bridges: A. The dead person has been moved. It is therefore necessary that photographs be taken, measurements made, fingerprints taken and other necessary tasks to be first carried out. B. The second bridge is burned when the body is embalmed. Embalming destroys traces of alcohol and several kinds of poison. If poisoning is suspected, the internal organs should be removed. C. The third bridge is burned when the body is burned or cremated. The exhume body is difficult and expensive. The lapse of time make s the examination doubtly difficult and a conclusion is hard to arrive at. Cremation destroys body itself. C. The Medico-Legal Autopsy 1. The real beginning of any homicide investigation should be to establish the cause of death accurately. 2. An autopsy should be performed at once when there is the slightest reason to suspect the probability of homicide. 3. In general, it maybe stated that death has been caused by violence, an autopsy is always performed unless there is adequate proof to the contrary. The value of the Investigator in attending autopsies During the conduct of autopsy, an investigator can observe first hand and ask questions pertinent to the case under investigation. The medico-legal officer can explain the autopsy findings as they progress. As the results of the autopsy are received by the investigator such information, if pertinent and requiring expeditious investigative attention, can be passed along to the other investigators for immediate handling. When the investigator has a suspected weapon, comparison of the weapon with the wound can be made. The officer present at the autopsy can be the liaison with the investigation team working on the case and see that all evidence is obtained during the examination.
- 35. www.rkmfiles.net 35 D. The Role of the Medico-Legal officer in Homicide Investigation The determination of criminal responsibility in death has been developed into a specialized field of medical science called forensic pathology. A pathologist can assist in homicide investigation by: 1. Documentation of all wounds, bruises, scratches, scars or other marks at the time of the autopsy. 2. Interpretation of findings based on medical facts. Necropsy Report- It is a document stating the cause of death of the victim. This is the medico-legal report. E. The Facts of Death 1. The first action of an investigator upon arriving at the crime scene of the homicide is the verification of death. 2. An individual is said to be dead in the medical sense when one of the three vital function is no longer performing within the body: a. Respiratory system b. Cardiac Activity c. Central nervous system activity 3. In the legal sense, death is considered to occur when all of the three above vital functions have ceased. F. Presumptive signs and Test of Death 1. The following are few of the signs indicative of death: A. Cessation of breathing and respiratory movement B. Cessation of heart sounds C. Loss of placing of nail beds when pressure is applied in the fingernails is released. Suspended Animation 1. Cardiac activity, breathing and functioning of the nervous system may reach such a low-level activity that a homicide investigator maybe deceived into an assumption of death. 2. The following conditions produced simulated appearance of death: 1. electric shock 2. prolonged emersion 3. poisoning from narcotic drugs 4. barbiturate poisoning 5. certain mental diseases The Importance of Establishing the Identification of Homicide Victims The identification of the victim is an important investigative step for the following reasons: 1. It provides an important basis for the investigation processes since it may lead the investigator directly to other important information leading to the solution of the crime. 2. The identity of the dead person provides the focal point/starting point for the investigators can then center their attention on associates and haunts of the deceased. 3. The identity of the deceased may arouse suspicion in mysterious death since the victim maybe a person whose life had been threatened or whose death was desired for criminal purposes. 4. The identification of the deceased can be traced or related to wanted persons or missing one. Methods of Identification a. DNA Analysis b. Fingerprints - fingerprint identification is the most positive and quickest method of ascertaining identity. However the prints of the deceased may not be on file or may not be obtainable because of trauma, mutilation, incineration or decomposition. The sole clue maybe bone, a skull or a few teeth. c. Skeletal Studies - Examination of the skeleton may provide a basis for identification because of individual peculiarities such as old fractures and presence of metal pins. Bones may also provide information about age, sex, and race. d. Visual Inspection - Someone knowing the deceased person may recognize the victim. However, trauma, incineration, or decomposition may render the features unrecognizable. In addition, a visual inspection
- 36. www.rkmfiles.net 36 without further verification has the advantage of possible subjective error or deliberate false identification. Visual inspection combined with fingerprint evidence is a favored method for rapid identification. e. Personal Effects - Identification of a victim by personal effects such as Jewelry, I.D. card, wallets, belts, shoes etc. f. Tattoo and Scars - Identification scars, moles, tattoos, pockmarks or other markings may be helpful in identification, particularly in conjunction with other findings. g. Dental Evidences (Forensic Odontology) - Identification based on the examination of teeth (teeth charts, fillings, inlays crowns, bridgework, dentures etc.) is valuable inasmuch as the teeth are probably the most durable part of the human body. There are probably no two people alive with dentures that are completely identical in all respects. Dental evidence is legally recognized and accepted, if properly presented in court. h. Clothing - Articles of clothing containing cleaner’s mark, labels, initials, size, color, texture knitting, etc. have provided investigators with the leads and even identification in most instances. i. Photographs - Identification of victims has been made by publication in bulletins, circulars, television and other distribution media, artist sketches, death mark and casts have likewise aided the police in identifying unknowns. Investigative Leads The problem of who did it is a simple on when the offender is caught in the act or apprehended in flight from the scene the scene shortly after the crime. When the perpetrator is not promptly arrested, the direction of the investigation varies according to whether the case falls into one of the two categories- known identities or unknown identity. Whenever investigators encounter cases of the later, investigative leads now are necessary to attain the objective of criminal investigation. Establishment of Motive to the killing This will furnish a good clue in the solution of the crime. The investigator drawing from his ingenuity, experience and availability of data, must base his investigation on a theory that rationally explains the fatal act. Note maybe done on the following: Victims Background - very promising leads can be developed from the review of the background of the victim that can provide the background of the victim which can give the pursuit defined goals. Modus Operandi - choice of particular crime to commit and the selection of a method of committing a criminal act that forms the signature of the criminal give a clear lead on who might have committed the crime. Informants - are a traditional starting point in seeking basic leads. In fact informants sometimes offer data about an unreported or undiscovered crime or one in its planning stage. Benefits - the question of who might benefit from the crime provides an excellent focus for making inquiry. The “benefit factor” can provide investigative leads. Opportunity Knowledge - simply determining who might have knowledge of the crime to establish further information Approximate time of death Composite Sketches Photographs of Known criminals Voice Identification Polygraph testing Fingernail Scrapings Signs of Struggle Field Contact Report Motor Vehicle
- 37. www.rkmfiles.net 37 ROBBERY AND THEFT INVESTIGATION Robbery The law on robbery in the Philippines can be found on the following articles of the Revised Penal Code: Article 293 Who are guilty of robbery? Any person who, with intent to gain, shall take any personal property belonging to another, by means of violence or intimidation of any person, or using force upon anything shall be guilty of robbery. Elements of Robbery: 1. Unlawful taking of personal property 2. The property must belong to another 3. The taking is done with violence against an intimidation of any person of force upon things 4. The taking is with intent to gain Note the following: Article 294 – Robbery with violence or intimidation of persons Article 295 – Robbery with physical injuries committed in an uninhabited place and by band or the use of firearm on a street. Article 297 – Attempted and frustrated robbery committed under certain circumstances. Article 298 – Execution of deeds by means of violence or intimidation Article 299 – Robbery in an inhabited house or public building or edifice devoted to worship – Any armed person who shall commit robbery in an inhabited house or public building or edifice devoted to religious worship – and if: (a) The malefactors shall enter the house or building in which the robbery was committed, by any of the following means: 1. Through an opening not intended for entrance or egress 2. By breaking any wall, roof or floor or breaking any door or window 3. By using false key, padlocks or similar tools 4. By using fictitious name or pretending the exercise of public authority or if – (b) The robbery be committed under any of the following circumstances: 1. By the breaking of doors, wardrobes, closets, or any other kind of locked or sealed furniture or receptacle. 2. By taking such furniture or objects away to be broken or forced open outside the place of the robbery. Article 302 – Robbery in an uninhabited place or in a private building Article 303 – Robbery of cereals, fruits or firewood in uninhabited place or private building. Anti-Piracy and Anti-Highway Robbery Law of 1974 (Presidential Decree 532) Piracy – Any attack upon or seizure of any vessel, or taking away of the whole or part thereof of its cargo, equipment or the personal belonging of its complement or passengers, irrespective of value thereof, by means of violence against or intimidation of person or foce upon things, committed by any person, including a passenger or member of the complements of said vessel in Philippine waters, shall be considered as piracy. The offender shall be considered as pirates. Highway Robbery/Brigandage – The seizure of any person for ransom, extortion or other unlawful purposes, or the taking away of the property of another by means of violence against or intimidation of persons or force upon things of other unlawful means committed by any person or any Philippine highway.
- 38. www.rkmfiles.net 38 Aiding Pirates or Highway Robbers/ Brigands or Abetting Piracy or Highway Robbers/Brigands – Any person who knowingly and in any manner aids or protects pirates or highway robbers/brigands, such as giving them information about the movement of police or other peace officers of the government or acquire or receives property taken by such pirates or brigands or indirectly abets the commission of piracy or highway robbery or brigandage, shall be considered as an accomplice of the principal offender. Anti-Cattle Rustling Law of 1974 (Presidential Decree 533) Cattle Rustling – Is the taking away by any means, methods or scheme, without the consent of the owner/raiser, of any of the above animals (cow, carabao, horse, mule or other domesticated member of the bovine family) whether or not for profit or gain, or whether committed with or without violence against or intimidation of any person or force upon things. It includes the killing of large cattle, or taking its meat or hide without the consent of owner/raiser. Anti-Fencing Law of 1979 (Presidential Decree 1612) Fencing is the act of any person; who, with intent to gain, for himself or for another shall buy, posses, keep, acquire, conceal, sell or in any other deal on any articles, items, objects or anything of value which he knows to have been derived form the proceeds of crime or robbery or theft. Fence – include any person, firm, organization, association, or corporation or partnership and other organization who which commits the act of fencing. The Targets in Robberies The selection of a victim and the place of the robbery are two basic keys to developing a pattern which will furnish clues to a robbers identity. Data usually are correlated in the following areas: 1. Victim: a. alone b. in the company of two or three c. in the company of four or more persons 2. Residence: a. one family b. multi family c. motel – hotel (robbery of guest) d. garage ( or other residence – occupancy shed or structure) 3. Street and highways a. sidewalk b. roadway c. alley d. publicly accessible area ( parks, parking lot, entranceway) e. over and under pass f. highways 4. Commercial (nonresidence) a. bank b. business office or off-street retail sales outlet (loan companies, pawnshops, jewelry store, etc.) c. markets d. liquor stores e. other retail outlets f. motel-hotel (robbery of manager/owner) g. taverns (restaurants, bars, cafes) h. delivery services (chicken, pizza, etc.)
- 39. www.rkmfiles.net 39 i. drive-ins j. service stations 5. Vehicles a. taxis b. bus c. trailer d. passenger jeepney e. victims personal car 6. Vessels: a. inter island (passenger) b. cargo c. ferry d. tugboats Style and Tactics in Robbery Cases The identification in an armed robbery case often relates to the tactics and style of the robbery. Robbery has been categorized as having three styles: (1) The ambush – is the least planned of all and is based on the element of surprise (2) The selective raid – involves a minimum of planning but some casing of the robbery scene (3) The planned operation – is carefully structured and the robbery group examines all aspects of the situation, plans for all foreseeable constingencies. Crime Partnership in a Robbery Group Crime partners in a robbery group form a loose partnership, providing the skills for the various task necessary to carry out different types of robberies. They participate in the planning of robberies as well as the basic decision as to whether or not a certain target can be successfully robbed. Crime partners usually are associates from spontaneous play groups in the underworld. Investigators assigned a single robbery or series of robberies to investigate should search for “link-up” “connect-up” which will indicate the operations of a group. Types of Robbers 1. Amateurs – motivated by greed, want, the desire for a thrill, or need for self-testing. 2. Professionals – are described as those persons who worked at robbery as a trade making it their living and having no other means of income. Technique Commonly Employed by Robbers – Means of Entry The means of entry differs in various burglaries and are related to the skill of a robber. The various known means of entry are: 1. The open door or window entry – the robber/s roams residence areas, apartments, and hotels looking for open doors or windows. 2. The jimmy entry – the robber/s forces a door or window with an iron tool such as a tire iron, screwdriver, or small crowbar or box opener. 3. The celluloid entry – the burglar forces open a door spring lock with a small piece of celluloid. 4. The stopover or human fly entry – the burglar is an aerialist, the stopover robber steps from a fire escape, balcony or other building to a nearby window. The “human fly” robber can progress upward or downward or the sides of a building to a selected point of entry. 5. Roof entry – the burglar breaks into a premises through a skylight or air conditioning duct or the roof or by cutting a hole in the roof of a building or residential home. 6. The hide –in entry – the burglar hides in a commercial premises until all employees have left and then breaks out with the stolen property. 7. The cut-in entry – the robber uses tools of various kinds to cut through the floor, ceiling, or wall of a store or office to another store or office.
- 40. www.rkmfiles.net 40 8. Hit and run – the robber breaks a window of a ground floor store and takes property from a window or nearby portions of the premises, and flees before police can be alerted to the crime. 9. Key entry – the robber uses a key – the key may be given to him by an informant (finger-man) it may be stolen or the burglar may obtain a duplicate or master key by various means. Methods of safebreaking 1. Punching- In this manner of entry a sledge hammer and a drift punch are used to knock the combination dial from the safe and to drive the spindle back into the safe. This makes the release mechanism of the lock accessible and allows the safe to be opened. 2. Pulling – A device similar to a gear or wheel puller is used to pull the dial or spindle completely out of the safe door and thus allow the safe to be opened. 3. Peeling – This means of entry involves the prying off the outer surfaces of the safe door so that the locking mechanism of the safe is exposed and can be pried open, allowing entry to the safe. 4. Drilling – One or more holes are drilled in the door of the safe to expose the lock mechanism allowing the safe-breaker to align the lock tumblers manually and open the door of the safe. 5. Ripping – This is a battering of the top, bottom or sides of a safe with a chisel or other metal cutter, such as a ripping bar the hydraulic ramming device used in a body and fender shop. 6. Burning – Use of oxygen/acetylene torch. 7. Blasting – Use of explosives 8. Carrying away. Physical Evidence to be Collected 1. Footprints 2. Fingerprints a. areas of break b. closets – prints may be found in door and jambs c. door knobs d. dressers e. pieces of furniture f. bottles and glasses g. walls h. tools i. desks 3. Clothings – sometimes the robbers exchange their own jacket with that one found 4. If a window was broken is effecting entry, glass particles may be present in the trouser cuffs and pockets of suspect. Samples of broken glass should be collected for possible future comparison in the event that a suspect is picked up. 5. Paint- If a crowbar has been used to force the window, paint may adhere to the tool. Paint samples should be taken for future comparison. 6. Tool marks 7. Tools 8. Some robbers are given to add behavior such as defecation on the floor, stealing fountain pen, eating candy or drinking excessively from bottles found on the premises. The peculiarity of the behavior would be noted and check in modus operandi index. 9. Cords and ropes use. 10. Firearms use. 11. Get-away vehicle. 12. Stolen articles/properties Investigative Techniques in Robbery Cases 1. The investigator must initiate similar preliminary steps upon reaching the crime scene (discuss earlier or this note) 2. Determine the point of entrance and point of exit by the perpetrator. 3. Determine the value of stolen articles
- 41. www.rkmfiles.net 41 4. The full and detailed description of the stolen articles. 5. Gather physical evidence. 6. Determine the modus operandi of the perpetrator as it would give leads in the identification and arrest of the suspect. 7. Full and detailed description of a get-away vehicle if any, or vessel, boat in cases of piracy. 8. Coordinate with other law enforcement agencies 9. Exploit investigative leads (discuss earlier on this note) 10. Written testimony of the complainant witnesses. 11. Accumulate clues and traces at the scene of a crime which will serve to identify the offender. 12. Develop informants in the local underworld who are aware of the activity of robbery, particularly the activity of the semi-skilled and amateur groups (usually the addict robber) 13. Conduct a surveillance of likely fences and uncover and trace back stolen property from its receiver to the robber. 14. Conduct surveillance of known burglars to ascertain if they are presently committing robbery 15. Accumulate information on various types of robber, the known and newcomers, whether they are in or out of prison, whether they are active 16. Be alert on a modified modus operandi 17. In cases homicide is committed; follow the pattern of homicide investigation. KIDNAPPING Kidnapping - a word derived from kid, meaning child and nap (nab) meaning snatch, recorded since 1673, was originally used as a term for the practice of stealing children for use as servants or laborers in the American Colonies .It has come to mean any illegal capture or detention of a person or people against their will, regardless of age. Since 1768 the term abduction has also been used in this sense. Kidnapping for Ransom - Philippine jurisprudence defines kidnapping for ransom as “the unlawful taking and carrying away of a person by force or fraud or against his will, or in any manner depriving him of his liberty for the purpose of extorting ransom as payment for his/her release.” This is punishable under the Revised Penal Code of the Philippines which provides that any individual who shall kidnap or detain another, or in any manner deprive him of his liberty, shall suffer the penalty of reclusion perpetua to death, if: 1. the kidnapping or detention shall have lasted more than five (5) days; 2. if it shall have been committed simulating public authority; 3. if any serious physical injuries shall have been inflicted upon the person kidnapped or detained, or if threats to kill him shall have been made; and 4. if the victim shall be minor, female or public officer. Modus Operandi in Kidnapping Kidnapping activity varies with the capability and resources of kidnappers to do surveillance, safekeeping and negotiation with their target group. One common thing all KFRGs, however is that they have a well planned strategy of abduction process Kidnappers usually start their activity in surveying trough an informer or sputter whose work is to locate targets for the group. To facilitate the operation, a gang member is sometimes made to seek employment such as driver or household help or have a business transaction to gain access and control of the victim. KFRG conducts a thorough study of background of their victims, such as capability to pay and daily movements’ activities. Surveillance to establish routes is extensively carried out. Perpetrators of kidnapping have some peculiar operational style that distinguishes one group from the other. Some groups are contented with money given immediately by the victims' families/relatives while others are capable of prolonged negotiations for a bigger ransom. Some groups are crude in executing their plan while others do it with precision and finesse
- 42. www.rkmfiles.net 42 However, most cases of kidnapping particularly those undertaken by criminal groups, revealed the following stages: 1. Spotting. The first step in planning a kidnapping operation is to come up with a shopping list of three to four possible targets that are capable of paying a huge amount of ransom. Targets are usually businessmen of Chinese descent. 2. Surveillance. Targets are then subjected to a thorough surveillance and investigation. The investigation focused on the financial capability, home address and place of work, phone numbers, complete description of the vehicle being used, travel routes, identities of household helpers, drivers and employees, and personal security of potential targets 3. Risk analysis and target selection. After a thorough investigation, the group selects one of the targets, which present a lower risk and difficulty in ransom negotiation. In some cases, the group selects the one whom the group had gathered the information first. In order to enhance precision in their operation, some group send out members of the syndicate to apply as drivers, employees, and household helps to gain further access on the target 4. Seizing of victim. The time allotted for forcibly taking the victim is usually two to three hours. The victim is usually forcibly taken on his/her way to place of work or while going home after work. Most of the victims are successfully intercepted while crossing road intersections or traveling along highly traveled streets. 5. Negotiation. Ransom demand may range from PhP1 million to PhP100 million, depending on the paying capacity of the victim and the operational capability of the group. The weakest member of the victim's family is usually selected by the syndicate to act as negotiator, warning the latter not to report the incident to the concerned police authorities. 6. Collection of ransom. After the ransom has been negotiated, the group will design a pay-off procedure. The ransom is usually brought to a predesignated site. In some pay-off situations however, the ransom courier is usually instructed to bring along a cellular phone for ease of communication during the actual pay-off. There were instances where couriers were given a round-the-bush before reaching the final pay-off venue. Professional groups normally release the victims after the pay-off had been secured. Even with the “no ransom policy” of the government, it was noted that the victims' family easily give in to the demands of the kidnappers, with minimum negotiations. Usually, kidnapping victims are released in 3 to 6 days, after ransom money has been paid For investigation of special crimes, please refer to SPECIAL CRIMES noted under the area on Criminal Jurisprudence. KIDNAPPING AND SERIOUS ILLEGAL DETENTION Elements: 1. Offender is a private individual 2. He kidnaps or detains another, or in any other manner deprives the latter of his liberty 3. The act of detention or kidnapping must be illegal 4. That in the commission of the offense, any of the following circumstances are present (becomes serious) a. that the kidnapping/detention lasts for more than 3 days b. that it is committed simulating public authority c. that any serious physical injuries are inflicted upon the person kidnapped or detained or threats to kill him are made, or d. that the person kidnapped or detained is a minor (except if parent is the offender), female or a public officer Note: When death penalty is imposed: a. If kidnapping is committed for the purpose of extorting ransom either from the victim or from any other person even if none of the aforementioned are present in the commission of the offense (even if none of the circumstances are present)
- 43. www.rkmfiles.net 43 b. When the victim is killed or dies as a consequence of the detention or is raped or is subjected to torture or dehumanizing acts Illustration: If a private person commits the crime of kidnapping or serious illegal detention, even though a public officer conspires therein, the crime cannot be arbitrary detention. As far as that public officer is concerned, the crime is also illegal detention. In the actual essence of the crime, when one says kidnapping, this connotes the idea of transporting the offended party from one place to another. When you think illegal detention, it connotes the idea that one is restrained of his liberty without necessarily transporting him from one place to another. The crime of kidnapping is committed if the purpose of the offender is to extort ransom either from the victim or from any other person. But if a person is transported not for ransom, the crime can be illegal detention. Usually, the offended party is brought to a place other than his own, to detain him there. When one thinks of kidnapping, it is not only that of transporting one person from one place to another. One also has to think of the criminal intent. Forcible abduction -- If a woman is transported from one place to another by virtue of restraining her of her liberty, and that act is coupled with lewd designs. Serious illegal detention – If a woman is transported just to restrain her of her liberty. There is no lewd design or lewd intent. Grave coercion – If a woman is carried away just to break her will, to compel her to agree to the demand or request by the offender. If a woman is carried against her will but without lewd design on the part of the offender, the crime is grave coercion. Distinction between illegal detention and arbitrary detention Illegal detention is committed by a private person who kidnaps, detains, or otherwise deprives another of his liberty. Arbitrary detention is committed by a public officer who detains a person without legal grounds. When the person is deprived of his liberty or is seized and forcibly taken to another place, the inquiry would, be “what is the purpose of the offender in taking him or her away?” 1. If the seizure is only to facilitate the killing of the victim the crime committed would either be homicide or murder and the crime of kidnapping is absorbed. 2. If the seizure or deprivation of liberty is only to compel the victim to perform an act, be it right or wrong, the crime committed would only be grave coercion. (People vs. Astorga, 283 SCRA 420). 3. If the deprivation of liberty is to take away the victim to satisfy the lewd design of the offender, the crime would only be forcible abduction. 4. If the seizure of the victim is solely to deprive him of his liberty, the crime is illegal detention. In the penultimate paragraph of Article 267, there is deprivation of liberty but not for any for the purposes enumerated above. It is for the purpose of extorting ransom from the victim or from any other person. The law classifies the crime committed by the offender as serious illegal detention even if none of the circumstances to make it serious is present in the commission of the crime. In this particular mode of committing the crime of serious illegal detention, demand for ransom is an indispensable element. (People vs. Bustamante, G. R. No. 66427, Dec. 4, 1991) If the victim was not kidnapped or taken away but was restrained and deprived of his liberty, like in the case of a hostage incident where the accused, who was one of the occupants of the house, grabbed a child, poked a knife on the latter’s neck, called for media people and demanded a vehicle from the authorities which he could use in escaping, as it turned out that there was an unserved arrest warrant against him, the proper charge is Serious Illegal Detention (without kidnapping anymore) but likewise under Article 267 of the Revised Penal Code. Where after taking the victim with her car, the accused called the house of the victim asking for ransom but upon going to their safehouse saw several police cars chasing them, prompting them to kill their victim inside the car, there were two crime committed – Kidnapping for Ransom and Murder, not a complex crime of Kidnapping with Murder as she was not taken or carried away to be killed, killing being an afterthought . (People vs. Evanoria, 209 SCRA 577).
- 44. www.rkmfiles.net 44 FIRE TECHNOLOGY AND ARSON INVESTIGATION WHAT IS FIRE? Fire is the manifestation of rapid chemical reaction occurring between fuel and an oxidizer- typically the oxygen in the air. Such rapid chemical reaction releases energy in the form of heat and light. Fire is heat and light resulting from the rapid combination of oxygen, or in some cases gaseous chlorine, with other materials. The light is in the form of a flame, which is composed of glowing particles of the burning material and certain gaseous products that are luminous at the temperature of the burning material. THE START OF FIRE All matters exist of one of the three states – solid, liquid and gas (vapor). The atoms or molecules of a solid are packed closely together, and that of a liquid is packed loosely, the molecules of a vapor are not packed together at all, they are free to move about. In order for a substance to oxidize, its molecules must be pretty well surrounded by oxygen molecules. The molecules of solids or liquids are too tightly packed to be surrounded. Thus, only vapors can burn. However, when a solid or a liquid is heated, its molecules move about rapidly. If enough heat is applied, some molecules break 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 raise the vapor to its ignition temperature (temperature needed to burn), and if there is enough oxygen present, the vapor will oxidize rapidly – it will start to burn. The start of burning is the start of a Chain Reaction (the burning process). Vapor from heated fuel rises, mixes with air and burns. It produces enough heat to release more vapor and to draw in air to burn that vapor. As more vapor burns, flame production increases. More heat is produced, more vapor released, more air drawn into the flames and more vapor burns, the chain reaction keeps increasing – the size of the fire increases until fuel is consumed. CHEMISTRY OF FIRE Obviously, three things are required for combustion or fire: FUEL (Combustible materials to vaporize and burn), OXYGEN (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 Oxygen Heat Fuel Figure 1 Figure 1 will show that if any side of the fire triangle is missing, a fire can not start or if any side of the fire triangle is removed, the fire will go off. With the presence of the elements of fire, combustion may take place. Before a fuel will burn, it must be changed to its vapor state. In a fire situation, this change usually results from the initial application of heat. The process is known as PYROLYSIS. Pyrolysis (also known as thermal decomposition) is defined as the “chemical decomposition
- 45. www.rkmfiles.net 45 of matter through the action of heat”. In this case, the decomposition causes a change from a solid state to vapor state. If the vapor mixes sufficiently with air and heated to high temperature, combustion results. The combustion process is better represented by the fire tetrahedron. The Fire Tetrahedron Oxygen Heat Fuel Chain Reaction Figure 2 The fire tetrahedron is useful in illustrating and remembering the combustion process because it has room for the chain reaction and because each face touches the other three faces. The basic difference between the fire triangle and the fire tetrahedron is that: The tetrahedron illustrates how flaming combustion is supported and sustained through the chain reaction. In this sense, the chain reaction face keeps the other three faces from falling apart. The fire tetrahedron also explains the flaming mode of combustion. The modes of combustion are either Flaming mode or Surface mode (Glowing– represented by the fire triangle). A condensed phased combustion is called glowing combustion A gas-phased combustion is known as flame If the process is confined with pressure it is called explosion If combustion propagates at supersonic speed, it produced a detonation PROPERTIES OF FIRE A. The Physical properties 1. Specific Gravity – the ratio of the weight of a solid or liquid substance to the weight of an equal volume of water. 2. Vapor density – the weight of a volume of pure gas composed to the volume of dry air at the same temperature and pressure. 3. Vapor Pressure – the force exerted by the molecules on the surface of a liquid. 4. Temperature – the measure of the degree of thermal agitation of molecules. 5. Boiling Point – the constant temperature at which the vapor pressure of the liquid is equal to the atmospheric pressure. 6. Ignition/Kindling temperature – the minimum temperature at which the substance must be heated in order to initiate combustion. 7. Fire point – the lowest temperature of a liquid in an open container at which vapors are evolved fast enough to support combustion. 8. Flash point – the temperature at which a flammable liquid forms a vapor-air mixture that ignites (mixture with in the explosive range). To burn a fuel (combustible material), its temperature must be raised until ignition point is reached. Thus, before a fuel start to burn or before it can be ignited, it has to be exposed to a certain degree of temperature. When the
- 46. www.rkmfiles.net 46 temperature of a certain substance is very high, it releases highly combustible vapors known as FREE RADICALS (combustible vapors such as hydrogen gas, carbon monoxide, carbon dioxide, and nitrogen). During the process of pyrolysis, the following are involved: the fuel is heated until its temperature reaches its fire point, decomposition takes place – moisture in the fuel is converted to vapor, decomposition produces combustible vapors that rise to the surface of the fuel (free radicals) free radicals undergo combustion. B. The Chemical Properties 1. Endothermic Reactions – changes whereby energy (heat) is absorbed or is added before the reaction takes place. 2. Exothermic Reactions – those that release or give off energy (heat) thus they produce substances with less energy than the reactants. 3. Oxidation – a chemical change that is exothermic, a change in which combustible material (fuel) and an oxidizing agent (air), react. Example of oxidation is combustion which is the same as actual burning (rapid oxidation) 4. Flames – flames are incandescent (very bright/glowing with intense heat) gases. It is a combustion product and a manifestation of fire when it is in its gas-phased combustion. Types of Flames a. Based on Color and Completeness of Combustibility of Fuel 1. Luminous Flame – is orange-red, deposit soot at the bottom of a vessel being heated due to incomplete combustion and has a low temperature. 2. Non-Luminous Flame – is blue, there is complete combustion of fuel and has relatively high temperature. b. Based on Fuel and Air Mixture 1. Premixed Flame – is exemplified by a Bunsen-type laboratory burner where hydrocarbon (any substance containing primarily carbon and hydrogen) is thoroughly mixed with air before reaching the flame zone. 2. Diffusion Flame – is observed when gas (fuel) alone is forced through a nozzle into the atmosphere which diffuses in the surrounding atmosphere in order to form a flammable mixture. The candle flame is an example of diffusion flame governed purely by molecular diffusion, and the flame of the oxyacetylene torch. (diffused – dispersed, widely spread) c. Based on Smoothness 1. Laminar Flame – when a particle follows a smooth path through a gaseous flame. 2. Turbulent Flame – are those having unsteady, irregular flows. As physical size, gas density or velocity is increased, all laminar gas flows tend to become turbulent.
- 47. www.rkmfiles.net 47 FIRE ELEMENTS As mentioned in part one, fire has been described as having three components: fuel, heat, and oxygen. This triad was illustrated by the fire triangle, which symbolized, in the most basic terms, a chemical relationship. The additional component needed to explain flaming combustion is a chemical chain reaction shown in the fire tetrahedron. FUEL FUELS (Combustible Materials)– fuel is matter and matter exist in three physical states: solid, liquid and gas. Solids melt to become liquids, and these may vaporize and become gases. The basic rule is that at high enough temperature all fuels can be converted to gases. And each of the physical states exhibits different physical and chemical properties that directly affect a fuel’s combustibility. For example, gasoline as a liquid does not burn, it is the vapors rising from the liquid that burn. Likewise, wood, the most common solid fuel, is not flammable, but gives of flammable vapors (free radicals). FUEL is also a material that provides useful energy. Fuels are used to heat and cook food, power engines, and produce electricity. Some fuels occur naturally and others are artificially created. Such natural fuels are coals, petroleum, and natural gases obtained from underground deposits that were formed million years ago from the remains of plants and animals. They are called fossil fuels, which account for about 90% of the energy people use today. Synthetic fuels can be made from fossil fuels, certain types of rock and sand, and biomass. Most fuels release energy by burning with oxygen in the air. But some – especially chemical fuels used in rockets – need special oxidizers in order to burn. Nuclear fuels do not burn but release energy through the fission (splitting) of fusion (joining together) of atoms. Classification of Combustible Materials 1. Class A Fuels – they are ordinary combustible materials that are usually made of organic substances such as wood and wood-based products. It includes some synthetic or inorganic materials like rubber, leather, and plastic products. 2. Class B Fuels – materials that are in the form of flammable liquids such as alcohol, acidic solutions, oil, liquid petroleum products, etc. 3. Class C Fuels – they are normally fire resistant materials such as materials used on electrical wiring and other electrical appliances. 4. Class D Fuels – they are combustible metallic substances such as magnesium, titanium, zirconium, sodium and potassium. General Categories of Fuel 1. Solid Combustible Materials – includes organic and inorganic, natural or synthetic, and metallic solid materials. 2. Liquid Combustible Materials – includes all flammable liquid fuels and chemicals. 3. Gaseous Substances – includes those toxic/hazardous gases that are capable of ignition. The Solid Fuels The most obvious solid fuels are wood, paper and cloth. Its burning rate depends on its configuration. For example, solid fuels in the form of dust will burn faster than bulky materials. Types of Flammable solids a. Pyrolyzable solid fuels – include many of the ordinary accepted combustibles: wood, paper and so on. The vapors released by their chemical decomposition support flaming combustion. This exemplifies a gas-to-gas reaction: the vapors released mixed with oxygen in the air to produce a flame.
- 48. www.rkmfiles.net 48 b. Non-pyrolyzable solid fuels – solid fuels that are difficult to ignite. A common example is charcoal. Chemical decomposition does not occur because there are no pyrolyzable elements present. No vapors are released. The glowing combustion that results is an example of a gas-to-solid reaction. The following are group of solid fuels 1. Biomass – it is the name given to such replaceable organic matters like wood, garbage and animal manure that can be use to produce energy. For example, heat produced by burning nutshells, rice and oat hulls, and other by-products of food processing. They are often used to operate plant equipment. Factors affecting the combustibility of wood and wood-based products a. Physical form – the smaller the piece of wood, the easier it is to burn. b. Moisture content (water content) – the freshly cut wood is more difficult to ignite and burn than dry wood. c. Heat conductivity - a poor conductor of heat takes a longer time to ignite than those materials that are good conductors of heat. d. Rate and period of heating – less flammable materials don’t easily ignite and needs direct contact with flame than highly combustible materials. e. Rate of combustion – with an unlimited supply of oxygen, the rate of burns increases, more heat is produced and fuel is consumed more completely. f. Ignition temperature – the higher the temperature, the faster it reaches ignition point and it varies depending on the other factors above. 2. Fabrics and Textiles – almost all fibers and textiles are combustible. A fiber is a very fine thin strand or thread like object. Fabrics are twisted or woven fibers. And textiles are machine woven or knitted fabric. Classification of Fibers a. Natural Fibers – they come from plants (Coir – coconut fiber, Cotton – seed fiber, pulp – wood fiber) , from animals (wool, silk, protein fibers – leather), from minerals (asbestos) b. Synthetic/Artificial Fibers – organic fibers, cellulose fibers, cellulose acetate, non-cellulose, and inorganic fibers like fiber glass, steel Factors affecting the combustibility of fibers a. Chemical composition – natural and synthetic organic fibers are generally highly combustible materials especially if they are dry. Mineral fibers and synthetic inorganic fibers are normally fire resistant materials. b. Fiber finish or coating – fiber coating combined with organic fibers are supportive to continued burning of fabric. c. Fabric weight – the heavier the fabric, the greater its resistance to ignition, thus delaying its ignition. d. Tightness of weave – the closer the fiber are woven, the smaller the space it contains, thus it takes a longer period to ignite it. e. Flame retardant treatment – fabric treated with flame retardant have higher resistance to ignition. Fabric Ignition Limiting Oxygen Index (LOI) is a numerical basis of measuring the tendency of a fabric to continuously burn once source of ignition is removed. If the LOI of a fabric is high, the probability that it will cease to burn once the flame is removed is also high. Fabrics with high LOI and high ignition temperature are safer for clothing and furnishing because they do not ignite easily. Also, they do not continue burning after the source of heat or flame is removed.
- 49. www.rkmfiles.net 49 3. Plastics – plastics are included as ordinary fuels under class A except those materials of or containing cellulose nitrate. Cellulose Nitrate is a chemical powder used in bombs, they are also called pyroxylin. Plastics comprise a group of materials consisting mainly of organic substances or high molecular substances. They are solid in the finished state although at some stage of manufacture plastics can be made to flow into a desired shape, usually through the application of heat or pressure or both. 4. Coal – a black, combustible, mineral solid resulting from the partial decomposition of matter under varying degrees of temperature. They are used as fuels in the production of coal gas, water gas, and many coal compounds. They are also used to heat buildings and to provide energy for industrial machinery. The forms of coal are: lignite or brown coal, sub-bituminous coal, bituminous coal, anthracite Bituminous coal is the most plentiful and important coal used by industry. It contains more carbon and produces more heat than either lignite or sub-bituminous coal. It is also the coal best suited for making coke. Antracite is the least plentiful and hardest coal. It contains more carbon and produces more heat than other coals. However, antracite is difficult to ignite and burns slowly. 5. Peat – It is partially decayed plant matter found in swamps called bags and used as a fuel chiefly in areas where coal and oil are scarce. In Ireland and Scotland, for example, peat is cut formed in blocks, and dried; the dried bloks are then burned to heat homes. The Liquid Fuels Liquid fuels are mainly made from Petroleum, but some synthetic liquids are also produced. Petroleum is also called crude oil. They may be refined to produce gasoline, diesel oil, and kerosene. Other fuel oils obtained by refining petroleum to distillate oil and residual oils. Distillate oils are light oils, which are used chiefly to heat homes and small buildings. Residual oils are heavy, and used to provide energy to power utilities, factories and large ships. Oil-based paint products are also highly flammable liquids. In the process of vaporization, flammable liquids release vapor in much the same way as solid fuels. The rate of vapor is greater for liquids than solids, since liquids have less closely packed molecules. In addition, liquids can release vapor over a wide range, example, gasoline starts to give vapor at –40C (-45 F). This makes gasoline a continuous fire hazard; it produces flammable vapor at normal temperature. General Characteristics of Liquids 1. They are matters with definite volume but no definite shape. 2. They assume the shape of their vessel because there is free movement of molecules. 3. They are slightly compressible. They are not capable of indefinite expansion, unlike gas. 2 General Groups of Liquid Fuels 1. Flammable liquids – they are liquids having a flash point of 37.8 C (100F) and a vapor pressure not exceeding 40 psia (2068.6 um) at 37.8 C. 2. Combustible Liquids – these liquids have flash point at or above 37.8 C (100F). Burning Characteristics of Liquids Since it is the vapors from the flammable liquid which burn, the case of ignition as well as the rate of burning can be related to the physical properties such as vapor pressure, flash point, boiling point, and evaporation rate. 1. Liquids having vapors in the flammable range above the liquid surface at the stored temperature have rapid rate of flame propagation.
- 50. www.rkmfiles.net 50 2. Liquids having flash points above stored temperature have slower rate of flame propagation. The chemical explanation is, it is necessary for the fire to heat sufficiently the liquid surface to form flammable vapor-air moisture before the flame will spread through the vapor. Factors affecting the Rate of Flame Propagation and Burning of Liquids wind velocity temperature heat of combustion latent heat of evaporation atmospheric pressure Latent heat is the quantity of heat absorbed by a substance from a solid to a liquid and from a liquid to gas. Conversely, heat is released during conversion of a gas to liquid or liquid to a solid. The Gas Fuels Gaseous fuels are those in which molecules are in rapid movement and random motion. They have no definite shape or volume, and assume the shape and volume of their container. There are both natural and manufactured flammable gases. Gas fuels flow easily through pipes and are used to provide energy for homes, businesses, and industries. Examples of gas fuels are acetylene, propane, and butanes. Some properties of gas fuels are: compressibility expandability permeability (open to passage or penetration) diffusion (intermingling of molecules) Compressibility and expandability refer to the potential in changes in volume. Diffusion is the uniform distribution of molecules of one substance through those of another. Permeability means that other substances may pass through or permeate a gas. Characteristics of Gas Fuels 1. They are matters that have no definite shape. 2. They are composed of very tiny particles (molecules) at constant random motion in a straight line 3. Gas molecules collide against one another and against the wall of the container and are relatively far from one another. Classification of Gases: 1. Based on Source a. Natural Gas – the gas used to heat buildings, cook food, and provides energy for industries. It consists chiefly of methane, a colorless and odorless gas. Natural gas is usually mixed with compounds of foul- smelling elements like sulfur so gas leaks can be detected. Butane and propane, which make up a small proportion of natural gas, become liquids when placed under large amount of pressure. When pressure is released, they change back to gas. Such fuels, often called Liquefied Petroleum Gas (LPG) or liquefied Natural Gas (LNG), are easily stored and shipped as liquid. b. Manufactured Gas – this gas like synthetic liquid fuels is used chiefly where certain fuels are abundant and others are scarce. Coal, petroleum, and biomass can all be converted to gas through heating and various chemical procedures.
- 51. www.rkmfiles.net 51 2. According to Physical Properties a. Compressed Gas – gas in which at all normal temperature inside its container; exist solely in the gaseous state under pressure. The pressure depends on the pressure to which the container is originally charged and how much gas remains in the container. However, temperature affects the volume and pressure of the gas. b. Liquefied Gas – gas, which, at normal temperature inside its container, exist partly in the liquid state and partly in gaseous state and under pressure as long as any liquid remains in the container. The pressure basically depends on the temperature of the liquid although the amount of liquid also affects the pressure under some condition. A liquefied gas exhibits a more complicated behavior as the result of heating. c. Cryogenic Gas – a liquefied gas which exists in its container at temperature far below normal atmospheric temperature, usually slightly above its boiling point and correspondingly low to moderate pressure. Examples of this gas are air, carbon monoxide, ethylene, fluorine, helium, hydrogen, methane, nitrogen, and oxygen. 3. According to Usage a. Fuel Gases – flammable gases usually used for burning with air to produce heat, utilize as power, light, comfort, and process. Most commonly used gases are natural gas and the LPG (butane and propane). b. Industrial Gases - This group includes a large number of gases used for industrial processes as those in welding and cutting (oxygen, acetylene); refrigeration (freon, ammonia, sulfur dioxide); chemical processing (hydrogen, nitrogen, ammonia, chlorine); water treatment (chlorine, fluorine). c. Medical Gases – those used for treatment such as anesthesia (chloroform, nitrous oxide); respiratory therapy (oxygen). Burning of Gaseous Fuels Gaseous fuels are already in the required Vapor State. Only the proper intermixed with oxygen and sufficient heat is needed for ignition. Gases like flammable liquids, always produce a visible flame, they do not smolder. Chemical Fuels Chemical fuels, which are produced in solid and liquid form, create great amounts of heat and power. They are used chiefly in rocket engines. Chemical rocket propellants consist of both a fuel and an oxidizer. A common rocket fuel is the chemical hydrazine. The oxidizer is a substance, such as nitrogen tetroxide, that contains oxygen. When the propellant is ignited, the oxidizer provides the oxygen the fuel needs to burn. Chemical fuels are also used in some racing cars. Nuclear Fuels Nuclear fuels provide energy through the fission or fusion of their atoms. Uranium is the most commonly used nuclear fuel, though plutonium also provides nuclear energy. When the atoms of these elements undergo fission, they release tremendous amounts of heat. Nuclear fuels are used mainly to generate electricity. They also power some submarines and ships. Nuclear energy can also be produced through the fusion of hydrogen atoms. Nuclear Fission – split of the nucleus of atoms Nuclear Fusion – combination of two light nuclei of atom
- 52. www.rkmfiles.net 52 THE HEAT ELEMENT HEAT – It is the energy possessed by a material or substance due to molecular activity. In physics, heat is the transfer of energy from one part of a substance to another or from one body to another by virtue of a difference in temperature. Heat is energy in transit; it always flows from substance at a higher temperature to the substance at a lower temperature, raising the temperature of the latter and lowering that of the former substance, provided the volume of the bodies remains constant. Heat does not flow from lower to a higher temperature unless another form of energy transfer work is always present. The study of energy is rooted in the subject of thermodynamics, a very logical science that carefully defines energy, heat, temperature and other properties. Heat is thermal energy in motion that travels from a hot to a cold region. Thermal energy is a property of matter directly associated with the concept of temperature. Heat and Temperature Heat should not be confused with temperature, which is the measurement of the relative amount of heat energy contained with in a given substance. Temperature is an intensity measurement, with units in degrees on the Celsius (centigrade), Fahrenheit, or Kelvin scales. Heat is the measurement of quantity and is given in British thermal units (Btu). Temperature is the measurement of the degree of thermal agitation of molecules; the hotness or coldness of something. Thermometer is the instrument used to measure temperature and commonly expressed in C, F, and K. Although it is very easy to compare the relative temperatures of two substances by the sense of touch, it is impossible to evaluate the absolute magnitude of the temperature by subjective reactions. Adding heat to a substance, however, not only raises its temperature, causing it to impart a more acute sensation of warmth, but also produces alterations in several physical properties, which may be measured with precision. Specific Heat The heat capacity or the measure of the amount of heat required raising the temperature of a unit mass of a substance one-degree. If the heating process occurs while the substance is maintained at a constant volume or is subjected to a constant pressure the measure is referred to as a specific heat at constant volume. Latent Heat A number of physical changes are associated with the change of temperature of a substance. Almost all substances expand in volume when heated and contract when cooled. The behavior of water between 0 and 4C (32 and 39 F) constitutes an important exemption to this rule. The phase of a substance refers to its occurrence as a solid, liquid, or gas, and phase changes in pure substances occur at definite temperatures and pressures. The process of changing from solid to gas is referred to as SUBLIMATION, from solid to liquid as MELTING and from liquid to vapor as VAPORIZATION. If the pressure is constant, the process occurs at constant temperature. The amount of heat to produce a change of phase is called LATENT HEAT, and hence, latent heats of sublimation, melting and vaporization exist. If water is boiled in an open vessel at a pressure of 1 atm, the temperature does not rise above 100C (212F), no matter how much heat is added. For example, the heat that is absorbed without changing the temperature of the water is the latent heat, it is not lost but expended in changing the water to steam and is then stored as energy in the steam, it is again released when the steam is condensed to form water (CONDENSATION). Similarly, if the mixture of water and ice in a glass is heated, its temperature will not change until all the ice is melted. The latent heat absorbed is used up in overcoming the forces holding the particles of ice together and is stored as energy in the water.
- 53. www.rkmfiles.net 53 Temperature Scales Five different temperature scales are in use today, they are: 1. Celsius – it has a freezing point of 0C and a boiling point of 100C. It is widely used through out the world, particularly for scientific works. 2. Fahrenheit – it is used mostly in English-speaking countries for purposes other than scientific works and based on the mercury thermometer. In this scale, the freezing point of water is 32F and the boiling point is 212 F. 3. Kelvin or Absolute – it is the most commonly used thermodynamic temperature scale. Zero is defined as absolute zero of temperature that is, - 273.15 c, or –459.67 F. 4. Rankine – is another temperature scale employing absolute zero as its lowest point in which each degree of temperature is equivalent to one degree on the Fahrenheit scale. The freezing point of water under this scale is 492 R and the boiling point is 672 R. 5. International Temperature Scale – In 1933, scientist of 31 nations adopted a new international temperature scale with additional fixed temperature points, based on the Kelvin scale and thermodynamic principles. The international scale is based on the property of electrical resistively, with platinum wire as the standard for temperature between –190 and 660C. Heat Production There are five ways to produce heat: 1. Chemical – chemically produced heat is the result of rapid oxidation. 2. Mechanical – mechanical heat is the product of friction. The rubbing of two sticks together to generate enough heat is an example. 3. Electrical – electrical heat is the product of arcing, shorting or other electrical malfunction. Poor wire connections, too much resistance, a loose ground, and too much current flowing through an improperly sized wire are other sources of electrical heat. 4. Compressed gas – when a gas is compressed, its molecular activity is greatly increased producing heat. 5. Nuclear – Nuclear energy is the product of the splitting or fusing of atomic particles (Fission or fusion respectively). The tremendous heat energy in a nuclear power plant produces steam to turn steam turbines. Heat Transfer The physical methods by which energy in the form of heat can be transferred between bodies are conduction and radiation. A third method, which also involves the motion of matter, is called convection. Hence, there are three ways to transfer heat: Conduction, Convection, and Radiation. 1. Conduction – it is the transfer of heats by molecular activity with in a material or medium, usually a solid. Direct contact is the underlying factor in conduction. Example, if you touch a hot stove, the pain you feel is a first result of conducted heat passing from the stove directly to your hand. In a structural fire, superheated pipes, steel girders, and other structural members such as walls and floors may conduct enough heat to initiate fires in other areas of the structure. 2. Convection – it is the transfer of heat through a circulating medium, usually air or liquid. Heat transfer by convection is chiefly responsible for the spread of fire in structures. The supper-heated gases evolved from a fire are lighter than air, and consequently rise, they can and do initiate additional damage. In large fires, the high fireball that accompanies the incident is referred to as a firestorm and is an example of convected heat.
- 54. www.rkmfiles.net 54 3. Radiation – radiated heat moves in wave and rays much like sunlight. Radiated heat travels the speed, as does visible light: 186,000 miles per second. It is primarily responsible for the exposure hazards that develop and exist during a fire. Heat waves travel in a direct or straight line from their source until they strike an object. The heat that collects on the surface of the object or building in the path of the heat waves is subsequently absorbed into its mass through conduction. Conduction requires physical contact between bodies or portions of bodies exchanging heat, but radiation does not require contact or the presence of any matter between the bodies. Convection occurs when a liquid or gas is in contact with a solid body at a different temperature and is always accompanied by the motion of the liquid or gas. The science dealing with the transfer of heat between bodies is called heat transfer. OXYGEN (Oxidizing Agent) Oxygen as defined earlier is a colorless, odorless, tasteless, gaseous chemical element, the most abundant of all elements: it occurs free in the atmosphere, forming one fifth of its volume, and in combination in water, sandstone, limestone, etc.; it is very active, being able to combine with nearly all other elements, and is essential to life processes and to combustion. The common oxidizing agent is oxygen present in air. Air composes 21% oxygen, 78% nitrogen, and 1 % inert gas (principally Argon). Take Note: 21% normal oxygen is needed to produce fire in the presence of fuel and heat. 12% oxygen is insufficient to produce fire, 14-15% oxygen can support flash point, and 16-21% oxygen can support fire point. FIRE BEHAVIOR, CAUSES AND CLASSIFICATION The behavior of fire maybe understood by considering the principle of thermal balance and thermal imbalance. Thermal Balance refers to the rising movement or the pattern of fire, the normal behavior when the pattern is undisturbed. Thermal imbalance, on the other hand is the abnormal movement of fire due to the interference of foreign matter. Thermal imbalance often confuses the fire investigator in determining the exact point where the fire originated. Dangerous Behavior of Fire Fire is so fatal when the following conditions occurred: 1. Backdraft – it is the sudden and rapid (violent) burning of heated gases in a confined area that occurs in the form of explosion. This may occur because of improper ventilation. If a room is not properly ventilated, highly flammable vapors maybe accumulated such that when a door or window is suddenly opened, the room violently sucks the oxygen from the outside and simultaneously, a sudden combustion occur, which may happen as an explosion (combustion explosion). Characteristics of Backdraft fire gases are under pressure existence of black smoke that is becoming dense gray yellow confinement of excessive heat there is little flame or no visible flame smoke leave the building in puffs or by intervals windows are smoked stained muffled sounds are heard inside the building violent rushing of air inside when opened
- 55. www.rkmfiles.net 55 2. Flashover – it is the sudden ignition of accumulated radical gases produced when there is incomplete combustion of fuels. It is the sudden burning of free radicals, which is initiated by a spark or flash produced when temperature rises until flash point is reached. When accumulated volume of radical gases suddenly burns, there will be a very intense fire that is capable of causing flames to jump at a certain distance in the form of fireball. Fireballs can travel to a hundred yards with in a few seconds. 3. Biteback - a fatal condition that takes place when the fire resists extinguishment operations and become stronger and bigger instead. 4. Flash Fire – better known as dust explosion. This may happen when the metal post that is completely covered with dust is going to be hit by lightning. The dust particles covering the metal burn simultaneously thus creating a violent chemical reaction that produces a very bright flash followed by an explosion. The Three Stages of Fire 1. Incipient Phase (Initial Stage) – under this stage, the following characteristics are observed: normal room temperature the temperature at the base of the fire is 400-800 F ceiling temperature is about 200 F the pyrolysis products are mostly water vapor and carbon dioxide, small quantities of carbon monoxide and sulfides maybe present. 2. Free Burning Phase – it has the following characteristics: accelerated pyrolysis process take place development of convection current: formation of thermal columns as heat rises temperature is 800-1000 F at the base of fire, 1200-1600 F at ceiling pyrolytic decomposition moves upward on the walls(crawling of the flame) leaving burnt patterns (fire fingerprints) occurrence of flashover. 3. Smoldering Phase – this stage has the following characteristics: oxygen content drops to 13% or below causing the flame to vanish and heat to develop in layers, products of incomplete combustion increase in volume, particularly carbon monoxide with an ignition temperature of about 1125 F, ceiling temperature is 1000-1300 F, heat and pressure in the room builds up, building/room contains large quantities of superheated fuel under pressure but little oxygen, when sufficient supply of oxygen is introduced, backdraft occurs. CLASSIFICATION OF FIRES Based on Cause 1. Natural causes – such as Spontaneous heating – the automatic chemical reaction that results to spontaneous combustion due to auto-ignition of organic materials, the gradual rising of heat in a confined space until ignition temperature is reached. Lightning – a form of static electricity; a natural current with a great magnitude, producing tremendous amperage and voltage. Lightning usually strikes objects that are better electrical conductors than air. It can cause fire directly or indirectly. Indirectly when it strikes telephone and other transmission lines,
- 56. www.rkmfiles.net 56 causing an induced line surge. It can also cause flash fire or dust explosion. When lightning strikes steel or metal rod covered with dust, the dust will suddenly burn thus resulting to an explosion. A lightning may be in the form of: Hot Bolt – longer in duration; capable only of igniting combustible materials Cold Bolt – shorter in duration, capable of splintering a property or literally blowing apart an entire structure, produces electrical current with tremendous amperage and very high temperature. Radiation of Sunlight – when sunlight hits a concave mirror, concentrating the light on a combustible material thereby igniting it. 2. Accidental Causes – such as Electrical accidents in the form of: Short Circuit – unusual or accidental connections between two points at different potentials (charge) in an electrical circuit of relatively low resistance. Arcing – the production of sustained luminous electrical discharge between separated electrodes; an electric hazard that results when electrical current crosses the gap between 2 electrical conductors. Sparking – production of incandescent particles when two different potentials (charged conductors) come in contact; occurs during short circuits or welding operations. Induced Current – induced line surge – increased electrical energy flow or power voltage; induced current; sudden increase of electrical current resulting to the burning of insulating materials, explosion of the fuse box, or burning of electrical appliances. Over heating of electrical appliances – the increase or rising of amperage while electric current is flowing in a transmission line resulting to the damage or destruction of insulating materials, maybe gradual or rapid, internal or external. Purely accidental causes Negligence and other forms of human error 3. Intentional causes (Incendiary) If in the burned property, there are preparations or traces of accelerant, plants and trailers, then the cause of fire is intentional. Accelerant – highly flammable chemicals that are used to facilitate flame propagation. Plant – the preparation and or gathering of combustible materials needed to start a fire. Trailer – the preparation of flammable substances in order to spread the fire. Based on Burning Fuel (the classes of fire) 1. Class A Fire – Ordinary fires; they are the types of fire resulting from the burning wood, paper, textiles, rubber and other carbonaceous materials. In short, this is the type of fire caused by ordinary combustible materials. 2. Class B Fire – Liquid fires; they are caused by flammable and or combustible liquids such as kerosene, gasoline, benzene, oil products, alcohol and other hydrocarbon deviations. 3. Class C Fire – Electrical fires; they are fires that starts in live electrical wires, equipment, motors, electrical appliances and telephone switchboards. 4. Class D Fire – Metallic fires; fires that result from the combustion of certain metals in finely divided forms. These combustible metals include magnesium, potassium, powdered calcium, zinc, sodium, and titanium.
- 57. www.rkmfiles.net 57 FIRE FIGTHING OPERATIONS AND EXTINGUISHMENT Fire fighting is an activity intended to save lives and property. It is one of the most important emergency services in a community. Fire fighters battle fires that break out in homes, factories, office buildings, shops, and other places. Fire fighters risk their lives to save people and protect property from fires. The people who work as fire fighters also help others who are involved in many kinds of emergencies besides fires. For example, fire fighters rescue people who may be trapped in cars or vehicles after an accident. They aid victims of such disasters as typhoons, floods, landslides, and earthquakes. Before the advent of modern fire fighting techniques, fires often destroyed whole settlements. When a fire broke but, all the people in the community rushed to the scene to help. Today, fire fighting organizations in most industrialized nations have well-trained men and women and a variety of modern fire fighting equipment. History of Fire Fighting Most fire services around the world were formed after a major fire made people realize that lives and property would have been saved if they had had a proper body of people trained to fight fires. One of the first organized fire fighting forces was established in Rome, about 500 B.C. The first fire fighters were Roman slaves who, under the command of the city's magistrates, were stationed on the walls and the gates of Rome. These units were called Familia Publica. However, this system was not very effective, probably because the slaves had no choice in whether they fought fires or not. In A.D. 6, after an enormous fire devastated Rome, the Emperor Augustus created the vigiles, a fire fighting force of 7,000 men that was divided into seven regiments. Like many of today's fire services, the vigiles had the power to inspect buildings to check for fire risks, and could punish property owners whose negligence led to fires. The vigiles' fire fighting equipment included pumps, squirts, siphons, buckets, and ladders. Wicker mats and wet blankets were used for rescue and salvage work. The Romans developed advanced fire fighting equipment. But when the empire fell, much of this technology was lost for centuries. After the collapse of the Roman Empire, European cities and towns became disorganized and nobody coordinated fire fighting. Some people even thought that prayer was the best way to control fires. Slowly, however, some fire laws evolved. In many cities people were required to put out their cooking and home fires at night. In some towns, thatched roofs were forbidden and night watchmen were employed to raise the alarm if they discovered a fire. Organized fire services in Europe were usually only formed after hugely destructive fires. The Great Fire of London in 1666 led to the development of fire insurance industries in England. These companies marked their insured properties with metal badges called fire marks and formed private fire brigades to protect those properties. Each company's brigade attended only those premises bearing the company's own fire mark. There was much competition, and occasionally rival fire brigades even obstructed each other in their fire fighting efforts. It was not until the 1800's that London insurance companies began to cooperate and a single London Fire Engine Establishment was formed. The new service fought fires in any premises within the London area. Serious blazes also caused death and destruction elsewhere in Europe, and rulers began to realize that it was necessary to have organized forces to deal with fires. In France, groups of citizens kept watch for outbreaks of fire, and regulations controlled rescue operations. In the 1600's, a number of serious fires spread terror throughout Paris. The king of France bought 12 pumps, and a private fire service was established. In 1750, the company of firemen was mostly taken over by the army, but fires continued to ravage the city and fire fighting efforts were not always effective. In 1810, the Emperor Napoleon attended a ball at the Austrian Embassy. A candle set the curtains ablaze, and the fire spread quickly, causing a dreadful panic. After this fire, Napoleon ordered the creation of the Battalion de Sapeurs Pompiers and the French Fire Brigade was born. Better equipment for getting water to fires and for fighting fires was developed in the 1500's. Tools included syringes, which squirted water, but most people relied on bucket brigades, relays of men passing buckets of water. The problems with bucket brigades were that many men were needed, it was very tiring work, and it was not very efficient--buildings often burned to the ground. In 1672, an uncle and nephew in Amsterdam, both called Jan van der Heide, invented a flexible hose, which could be joined together to form a long pipe. Later, the same men invented a
- 58. www.rkmfiles.net 58 pump to deliver water through the hose, and fire fighting became much more efficient. In many places around the world, fire pumps were first drawn to fires by horses or even by people. Warning bells enabled people to get out of the way when the pumps were rushing to a fire. The German company Daimler invented the first petrol-driven pump in 1885, but the pump still had to be taken to fires by horses. Petrol-powered fire engines were introduced in the early 1900's, but many countries were slow to change from horse-drawn pumps. Although today's fire services have a range of modern equipment, fire can be just as dangerous now as it was thousands of years ago. The Bureau of Fire Protection (BFP) Republic Act # 6975, the DILG Act of 1990 (Chapter 4, Section 53-59) created the Bureau of Fire Protection (BFP) to be responsible for the prevention and suppression of all destructive fires and to enforce the laws on fire. Fire Protection is the descriptive term referring to the various methods used by the bureau to stop, extinguish and control destructive fire for eventual prevention of loss of life and property. It has the following objectives: 1. To prevent destructive fire from starting 2. To extinguish (stop or put out) on going destructive fire 3. To confine a destructive fire at the place where it began 4. To prevent loss of life and property when fire starts Fire Prevention and Suppression refers to the various safety measures utilized to stop harmful or destructive fires from starting. The laws related with the fire prevention and fire protection in the Philippine setting includes PD # 1185, Fire Code of the Philippine (26 August 1977), PD # 1096, Building Code of the Philippine (19 February 1977) The Bureau of Fire Protection is composed of well-trained fire fighters. In fighting fires, they bring with them ladders and pumps. Additional specialist vehicles can provide turntable ladders, hydraulic platforms, extra water, foam, and specialist appliances for hazardous incidents. In some countries, such as the United States, fire-fighting units are divided into engine companies and ladder companies. Engine companies operate trucks called engines, which carry a pump and hoses for spraying water on a fire. Ladder companies use ladder trucks, which carry ladders of various lengths. Ladder trucks also have a hydraulically extended ladder or elevating platform to rescue people through windows or to spray water from a raised position. Fire fighters in the Philippines handle many types of fires. Each type requires a different plan of action to put it out. For example, the methods used to fight a building fire differ greatly from those used to fight a forest or grassland fire. Factor Affecting Fire Protection and Control Fire protection and control is affected by the accumulation of fire hazards in a building or area. Fire Hazard is any condition or act that increases or may cause increase in the probability that fire will occur or which may obstruct, delay, hinder or interfere with fire fighting operations and the safeguarding of life and property Conditions of Fire Hazards 1. Existence of dangerous or unlawful amount of combustible or explosives in the building not designed to store such materials. 2. Defective or improperly installed facilities/ equipment.
- 59. www.rkmfiles.net 59 3. Lack of adequate exit facilities. 4. Obstruction at fire escapes or other designated opening for fire fighters. 5. Dangerous occumulation of rubbish waste and other highly combustible materials. 6. Accumulation of dust in ventilation system or of grease in the kitchen. 7. Building under repair 8. Very old building or building is primarily made of combustible materials Fire Fighting Operations Fire fighting operations refers to fire suppression activities. In general the following procedures should be observed: 1. PRE-FIRE PLANNING - this activity involves developing and defining systematic course of actions that maybe performed in order to realize the objectives of fire protection: involves the process of establishing the SOP in case fire breaks out. 2. EVALUATION – SIZE – UP (on-the-spot planning or sizing-up the situation) - this is the process knowing the emergency situation. It involves mental evaluation by the operation officer-in-charge to determine the appropriate course of action that provides the highest probability of success. Evaluation of the situation: a. Learn the facts of the situation – by answering the 5 Ws – 1H b. Understand the probabilities of fatal behavior of fire c. Know your own situation or capabilities – weaknesses and strengths: available manpower and equipment d. Determine the specific course of action – entry or rescue 3. EVACUATION – This the activity of transferring people, livestock, and property away from the burning area to minimize damage or destruction that the fire might incur in case it propagates to other adjacent buildings. 4. ENTRY – This is the process of accessing the burning structure. Entry maybe done in a forcible manner. Purposes of conducting forcible entry: a. To provide access for fire fighters with equipment for fire extinguishments b. To provide rescue c. To aid in ventilation 5. RESCUE – This is the operation of removing (extricating), thus saving, people and other livestock from the burning building and other involved properties, conveying them to a secure place 6. EXPOSURE – also called cover exposure, this is the activity of securing other buildings near the burning structure in order to prevent the fire from the extending to another building. 7. CONFINEMENT – This is the activity of restricting the fire at the place (room) where it started : the process of preventing fire from extending from another section or form one section to another section of the involved building. 8. VENTILATION – This the operation purposely conducted to displace toxic gases. It includes the process of displacing the heated atmosphere within the involved building with normal air from outside atmosphere. 9. SALVAGE – The activity of protecting the properties from preventable damage other than the fire. The steps are a) remove the material outside the burning area, and b) protecting or cover the materials by using tarpaulins (cotton canvass treated with water proofing).
- 60. www.rkmfiles.net 60 10. EXTINGUISHMENT – This is the process of putting out the main body of fire by using the 4 general methods of fire extinguishments. 11. OVERHAUL – This is the complete and detailed check of the structure and all materials therein to eliminate conditions that may cause re-flash; involves complete extinguishments of sparks or smouldering (glowing) substances (embers) to prevent possibilities of re-ignition or rekindling. 12. FIRE SCENE INVESTIGATION - This is the final stage of fire suppression activities. It is an inquiry conducted to know or determine the origin and cause of fire. Objects of Fire Fighting Operations and Activities 1. Fighting a Building Fire After an alarm is received, fire fighters hurry to the fire. The officer in command quickly sizes up the situation and directs the fire fighters into action. Their first and most important task is to rescue people who may be trapped in the building. Ladder operators search for anyone who may be trapped. In some buildings, they use ladders to rescue people through windows. However, the ladders on most trucks extend up to only about eight storeys. Fire fighters use stairs or elevators to get to people trapped on floors above the reach of the ladders. Meanwhile, fire fighters connect a hose from their pump to a nearby fire hydrant, or else to water or foam stored on the fire tender. Their first concern is to keep the flames from spreading. The fire fighters direct water on the fire until it is out. They also spray water on any nearby buildings that are in danger of catching fire. Fire fighters sometimes ventilate the building to let out the smoke, heat, and gases that build up during a fire. They open or break windows and sometimes cut holes in the roof or walls. If the building were not ventilated, the heat and the pressure of the gases could cause an explosion. Fire fighters also try to save any furniture or other property not damaged by the fire. They spread canvas or plastic covers over such property to prevent water damage. This process is called salvage. Finally, in a process called overhaul, fire fighters search the building for hidden sparks that might cause another blaze. After the fire is out, the fire fighters try to find out exactly where and how the fire started. The officer in charge makes out a report that gives all the important facts about the fire. The report includes information on injuries, the cause of the fire, and the estimated cost of repairing the damage. This is the initial investigation stage. 2. Fighting a Forest Fire Many grassland and forest fires occur in areas that are hard to reach and far from a source of water. Local fire brigades have trucks that carry water and can travel over rough land. Observers in helicopters or aeroplanes may fly over the fire and report on its size and behavior. Sometimes, helicopters or aeroplanes are also used to carry fire fighters to the fire or to drop chemicals that slow the spread of the fire. Grassland and forest fires often spread rapidly and are difficult to put out. Fire fighters try to keep the fire within the smallest area possible, and so they may first create a firebreak, or fire line. The fire fighters clear a strip of land some distance in front of the racing flames. They cut down the grass or trees and scrape away some of the soil with shovels. The fire fighters spray water or throw soil on the flames until the fire is out. In some cases, fire fighters allow a grassland or forest fire to burn. They may do so if the fire has been caused by lightning or some other natural event. Such fires are a regular part of the life cycle of grasslands and forests. However, fire fighters do try to limit or put out all forest and grassland fires that threaten people or property.
- 61. www.rkmfiles.net 61 3. Emergency Rescue Operations Our fire fighting organizations have rescue companies to handle non-fire emergencies. For example, rescue workers may be called to free people trapped under the wreckage of a fallen building or in a car after an accident. They have specialized teams to rescue people who are stranded underwater or in swift-flowing water, or on cliffs and in other high places. 4. Emergency Medical Operations Many fire fighters provide medical care in non-fire emergencies before the patient is taken to the hospital. These units make up an important part of their community's Emergency Medical Services (EMS) system. They are the so called Paramedics. Some fire fighting services provide only a basic, "first response" service. Ambulance workers or other emergency workers then provide more advanced treatment and transport the patient to the hospital. Paramedic units operate ambulances and use communication equipment to stay in touch with a nearby hospital. Under the direction of a doctor, they may use advanced medical equipment and administer drugs. They may also transport the patient to the hospital. 5. Fire Prevention and Fire Safety To help prevent fires and reduce fire losses, local fire fighting services inspect public buildings. They also teach people about fire safety. Many have a separate division that handles fire prevention and fire safety programmes. 6. Public Building Inspections In consonance with the provisions of the Building Code (PD 1185), the Fire Bureau conduct inspection buildings as theatres, stores, schools, and hospitals. The code specifies certain requirements like portable fire extinguishers, a certain number of exits, and other fire safety features in public buildings. Large buildings maybe required to provide built-in sprinkler systems and special water lines to which fire hoses can be attached and to have fire alarm systems. What is a Sprinkle System? A sprinkler system consists of a network of pipes installed throughout a building. The pipes carry water to nozzles in the ceiling. The heat from a fire causes the nozzles directly above the fire to open and spray water. The Fire Bureau personnel inspect public buildings to enforce the local code. The officials check the operating condition of the fire protection systems. They note the number and location of exits and fire extinguishers. The inspection also covers housekeeping practices and many other matters that affect fire safety. Fire inspectors may also review plans for a new building to make sure it meets the safety code. 7. Public Education Program Fire fighting services work with other local agencies to teach people how to prevent fires and what to do during a fire. The fire fighting officials serve as instructors or advisers in fire safety courses in schools. They educate the public about deaths caused by fires that occur in private homes. Many home fires are caused by leaving the kitchen when food is cooking, disposing of cigarettes improperly, misusing portable heating equipment, and placing flammable or combustible items too close to heat sources. Fire fighting groups advise people to install smoke detectors in their homes.
- 62. www.rkmfiles.net 62 What is a Smoke Detector? Smoke detector is a device that sounds an alarm if a small amount of smoke enters their sensors. Smoke detectors are attached to the ceiling or wall in several areas of the home. Fire protection experts recommend at least one detector for each floor of a residence. Fire fighters also recommend that people have portable fire extinguishers in their homes. A person must be sure, however, to call the fire fighting service before trying to extinguish a fire. It is also important to use the right kind of extinguisher for the type of fire involved. The Fire Extinguishments Theory The Fire Extinguishments Theory maintains that “to extinguish a fire, interrupt or eliminate the supply of any or all of the elements of fire.” Fire can be extinguished by reducing/ lowering the temperature, eliminating the fuel supply, or by stopping the chemical chain reaction. 4 General Methods of Fire Extinguishment 1. Extinguishment by Temperature Reduction Cooling the temperature of the fire environment: usually done by using water. Lower down the temperature to cool the fuel to a point where it does not produce sufficient vapors that burn. 2. Extinguishment by Fuel Removal Elimination of the fuel supply/ source which maybe done by: a. stopping the flow of liquid fuel b. preventing the production of flammable gas c. removing the solid fuel at the fire path d. allowing the fire to burn until the fuel is consumed 3. Extinguishment by Oxygen Dilution a. reduction of oxygen concentration at the burning area b. by introducing inert gases c. by separating oxygen from the fuel 4. Extinguishment by Chemical Inhibition Some extinguishments agents, like dry chemical and halon, interrupt the production of flame resulting to rapid extinguishment of the fire. This method is effective only on burning gas and liquid fuels as they cannot burn in smoldering mode of combustion.
- 63. www.rkmfiles.net 63 What are the methods of extinguishing the 4 Classes of Fire? 1. CLASS A FIRES – by quenching and cooling: water is the best agent in cooling the burning solid materials; water has a quenching effect that can reduce the temperature of a burning material below its ignition temperature; (Fire extinguishers which have water, sand, acid, foam and special solution containing alkali methyl dust, as found in the loaded stream extinguisher, should be used for this type of fire.) 2. CLASS B FIRES – by smothering or blanketing (oxygen exclusion). This type of fire is put or controlled by foam, loaded stream, carbon dioxide, dry chemical and vaporizing liquid. 3. CLASS C FIRES – controlled by a non-conducting extinguishing agent: the safest procedure is to always de- energize the electrical circuit. Extinguishers that should be used to put out these type of fires are Carbon Dioxide Extinguishers, Dry Chemical, Vaporizing liquids. 4. CLASS D FIRES – by using special extinguishing agents marked specifically for metals. GE type, meth LX, Lith X, Meth L, Kyl, dry sand and dry talc can put out class D fires 5. CLASS E FIRES – only combination of the above methods. Fire Extinguishers A Fire Extinguisher is a mechanical device, usually made of metal, containing chemicals, fluids, or gasses for stopping fires, the means for application of its contents for the purpose of putting out fire (particularly small fire ) before it propagates, and is capable of being readily moved from place to place. It is also a portable device used to put out fires of limited size. What are the types of Fire Extinguishers? 1. Water Fire Extinguisher – extinguisher filled with water use of fight Class A and Class B fires except class C fires. 2. Liquefied Fire Extinguisher – those extinguishers that contain Carbon Monoxide Gas use to fight class A, B, and C fires 3. Dry Chemical Extinguisher – those that contain chemical powder intended to fight all classes of fires. 4. Foam Extinguisher– contains sodium bicarbonate and a foam-stabilizing agent in a larger compartment and a solution of aluminum sulfate in an inner cylinder; reaction between the two solutions forms a stabilized foam of carbon dioxide bubbles. 5. Soda-acid Fire Extinguisher – filled with sodium bicarbonate mixed with water; a small bottle of sulfuric acid is suspended inside (near the top) in such a way that when the extinguisher is turned up-side- down, the acid mixes with sodium bicarbonate; carbon dioxide is formed by the reaction which results to the building of pressure inside the extinguisher; this pressure forces the water solution out from the container through a hose. 6. Vaporizing Liquid Fire Extinguisher – contains non-conducting liquid, generalization carbon tetrachloride or chlorobromethane; operation is by manual pumping or using a stored pressure; the stream of liquid that is expelled is vaporized by the heat of the fire and forms a smothering blanket. This type is usually used in fires involving flammable liquids or electrical equipment.
- 64. www.rkmfiles.net 64 7. Carbon Dioxide Fire Extinguisher – effective against burning liquids and fires in live electrical equipment; used mainly to put out Class C fires. What are examples of extinguishing agents? 1. MULTI-PURPOSE DRY CHEMICALS like the Mono-Ammonium Phosphate ( NH H PO ) 2. HALON 1211 or Bromochlorodifluoromethane 3. AFFF – (Aqueous Film Forming Foam), is a synthetic foam-forming liquid designed for use with fresh water. 4. CARBON DIOXIDE – a chemical that can deliver a quick smothering action to the flames, reducing the oxygen and suffocating the fire. Carbon dioxide dissipates without leaving any contamination or corrosive residue. What are the markings required on Fire Extinguishers? Under (Rule 37, Sec. 106 of PD 1185), all fire extinguishers manufactured or sold in the Philippines must be labelled or marked to show at least the following: 1. Date of original filling 2. Chemical Contents 3. Type of extinguisher 4. Operating Instruction and Safe Procedure in usage 5. Name and address of the manufacturer 6. Name and address of the dealer. What are the prohibited types of fire extinguishers? Rule 37, Sec. 104 of IRR of PD 1185 provides that the following types of fires extinguishers are prohibited for manufacture or sale: 1. All inverting types which make it necessary to invert the container before the extinguisher’s operation 2. Soda-acid extinguishers 3. Stored pressure or cartridge operated foam solution, unless and air-aspiring nozzle is provided 4. Vaporizing liquid extinguishers using carbon tetrachloride or chlorobromomethane in any concentration of formulation 5. Vaporizing liquid extinguishers of less than one kilogram extinguishing agent 6. Glass bulb, “grenade” type, or “bomb” type of vaporizing liquid extinguishers which have to be thrown to the fire or are mounted on specific location and which operate upon the melting of a fusible link. 7. Thermatic special hazards single station extinguishers with extinguishing capability of less than four and a half (4.5) cubic meters 8. Other types which maybe hereinafter prohibited. What are the prohibited acts involving the operation of fire extinguishers? From the same legal basis above, the following are declared prohibited acts concerning the use of fire extinguishers: 1. Removal of inspection tags attached to fire extinguishers 2. Refilling a discharge extinguisher with a extinguishing agent other than what the unit was designed to contain 3. Selling fire extinguishers not appropriate to the hazard
- 65. www.rkmfiles.net 65 4. Selling fire extinguishers prohibited by Rule 37, Section 104 5. Selling defective or substandard extinguishers 6. Using/installing two or more thermatic special hazard vaporizing liquid units in rooms with volume greater than the nominal capability of one unit. 7. Installing pressure gauges in fire extinguishers which do not indicate the actual pressure of the interior of vessel such as, but not limited to use of uncalibrated gauges, not providing or blocking the connection between the gauge and the interior, or fixing the indicator/needle to indicate a certain pressure. What are the General Operating Procedures in Fire Extinguishment? The general operating procedures in using a fire extinguisher may be modified by the acronym PASS. P - Pull the pin at the top of the extinguisher that keeps the handle from being pressed. Press the plastic or thin wire inspection band. A– Aim the nozzle or outlet towards the fire. Some hose assemblies are dipped to the extinguisher body. Released it and then point at the base of the fire. S – Squeeze the handle above carrying handle to discharge the extinguishing agent inside. The handle can be released to stop the discharge at any time. S – Sweep the nozzle sideways at the base of the flame to disperse the extinguishing agent. After the fire is out, probe for remaining smouldering hot spots or possible re-flash of flammable liquids. Make sure the fire is out before leaving the burned area. Fire Fighting Equipment The most important equipment for fire fighters includes: 1. Communication Systems They are necessary to alert fire fighters to the outbreak of a fire. Most fire alarms are telephoned to the fire department. Many countries have introduced a simple, 3-digit number as the telephone number to call in emergencies. This number can be dialed from almost any telephone and from most pay phones without a coin. Dialing this number is free. In the Philippines, the emergency line is 166. 2. Fire Vehicles Fire fighters have several types of fire vehicles. The main types are (1) engines, (2) ladder appliances, and (3) rescue vehicles. Engines, also called water tenders, have a large pump that takes water from a fire hydrant or other source. The pump boosts the pressure of the water and forces it through hoses. Engines carry several sizes of hoses and nozzles. Many also have a small-diameter hose called a booster line, which is wound on a reel. The booster line is used chiefly to put out small outdoor fires. Ladder appliances - There are two kinds of ladder appliances--turntable ladders and hydraulic platforms. A turntable ladder appliance has a metal extension ladder mounted on a turntable. The ladder can be raised as high as 30 meters, or about eight storeys. A hydraulic platform truck has a cage-like platform that can hold several people. The platform is attached to a lifting device that is mounted on a turntable. The lifting device consists of either a hinged boom (long metal arm) or an extendable boom made of several sections that fit inside each other. The boom on the largest vehicles can extend
- 66. www.rkmfiles.net 66 46 meters. A built-in hose runs the length of the boom and is used to direct water on a fire. In most cases, a pump in a nearby engine generates the pressure needed to spray the water. Fire Fighting Vehicles - are equipped with portable ladders of various types and sizes. They also carry forcible entry tools, which fire fighters use to gain entry into a building and to ventilate it to let out smoke. Common forcible entry tools include axes, power saws, and sledge hammers. Rescue Vehicles are enclosed vehicles equipped with many of the same kinds of forcible entry tools that ladder appliances carry. But rescue vehicles also carry additional equipment for unusual rescues. They have such tools as oxyacetylene torches, for cutting through metal, and hydraulic jacks, for lifting heavy objects. They may also carry other hydraulic tools. With a hydraulic rescue tool, fire fighters can apply a large amount of pressure to two objects to squeeze them together or prise them apart. The tool is often used to free people trapped in cars and other vehicles after an accident. Many rescue vehicles also carry small hand tools, such as crowbars and saws, and ropes and harnesses for rescuing people from water or high places. In addition, they carry medical supplies and equipment. Special Fire Vehicles include airport crash tenders and hazardous materials units. Airport crash tenders are engines that spray foam or dry chemicals on burning aircraft. Water is ineffective against many aircraft fires, such as those that involve jet fuel or certain metals. In addition to the above fire fighting equipment, fire fighters are also required to use protective clothing. Protective Clothing - clothing for protection against flames, falling objects, and other hazards. They wear coats and trousers made of fire-resistant material. Other clothing includes special boots, gloves, and helmets. Fire fighters also use a breathing apparatus to avoid inhaling smoke and toxic gases. Fire Prevention and Public Safety As mentioned earlier, Fire Prevention is a term for the many safety measures used to keep harmful fires from starting. Fires not only cause extensive damage to valuable property, but also responsible for large numbers of deaths. What are the methods of Fire Prevention? Individuals, groups, and communities use three main methods to prevent fires: 1. Laws and Regulations - Many countries have codes and standards that require certain types of fire retardant materials and electric wiring to be used in buildings. 2. Inspection of buildings and other property - Fire brigades and other public agencies inspect public buildings for fire hazards and recommend corrective action. In some communities, homeowners may agree to have their homes inspected for fire hazards. 3. Public education about fire safety and prevention - Education is a vital part of fire prevention programmes because people cause to prevent--almost all fires. Fire brigades, community groups, and schools teach children and adults about fire hazards and work to reduce fires throughout the community.
- 67. www.rkmfiles.net 67 FIRE INVESTIGATION In the Philippines, the Bureau of fire Protection is the main government agency responsible for the prevention and suppression of all destructive fires on buildings, houses and other structures, forest, land transportation vehicles and equipments, ships or vessels docked at piers or major seaports, petroleum industry installation, plane crashes and other similar incidents, as well as the enforcement of the Fire Code and other related laws. It has the major power to investigate all causes of fires and necessary, file the proper complaints with the proper authority that has jurisdiction over the case (R.A. no. 6975, sec. 54). Why Fires should be investigated? The very reason why fires should be investigated is to determine the cause of the fire in order to prevent similar occurrences. The determination of the origin and cause of fire is arrived at only after a thorough investigation. Since basic investigation is prelude to the discovery of the true cause of the fire, an understanding of the chemistry of fire and its attendant behavior should be a concern for successful investigation. Who are qualified to investigate fires? A fire investigator should have the following traits: 1. Possession of knowledge of investigational techniques. 2. He should have an insight of human behavior. 3. He should have a first hand knowledge of the chemistry of fire and its behavior 4. He should be resourceful. Is Fire Investigation Complex and Unique? Fire investigation is complex and unique because of the following reasons: 1. Fire destroys evidence 2. If it is Arson, it is planned, motivated and committed is discreet. 3. Rarely can there be an eyewitness in Arson. What are the roles of the Firemen in Fire Investigation? Firemen are usually at the crime scene ahead of the fire investigators. Hence, they are valuable sources of information. They are the so-called “Eyes and Ears” of the police before, during and after the fire has been placed under control. The information taken from them may be categorize as: 1. Information attainable or developed prior to the arrival at the scene 2. Information available to the firemen at the scene 3. Information available during overhaul and thereafter. Legal Aspect of Fire Investigation ARSON defined Arson is the intentional or malicious destruction of property by fire. It is the concern of fire investigation to prove malicious intent of the offender. Intent must be proved, otherwise, no crime exist. The law presumes that a fire is accidental, hence criminal designs must be shown. Fire cause by accident or criminal design must be shown. Fire cause by accident or negligence does not constitute arson.
- 68. www.rkmfiles.net 68 What is Destructive Arson? Under Article 320 of the Revised Penal Code, as amended, the penalty of Reclusion Perpetua to Death shall be imposed upon any person who shall burn: 1. One (1) or more buildings or edifices, consequent to one single act of burning, or as a result of simultaneous burnings, or committed on several or different occasions. 2. Any building of public or private ownership, devoted to the public in general or where people usually gather or congregate for a definite purpose such as, but not limited to official governmental function or business, private transaction, commerce, trade workshop, meetings and conferences, or merely incidental to a definite purpose such as but not limited to hotels, motels, transient dwellings, public conveyance or stops or terminals, regardless of whether the offender had knowledge that there are persons in said building or edifice at the time it is set on fire and regardless also of whether the building is actually inhabited or not. 3. Any train or locomotive, ship or vessel, airship or airplane devoted to transportation or conveyance, or for public use, entertainment or leisure. 4. Any building, factory, warehouse installation and any appurtenances thereto, which are devoted to the service to public utilities. 5. Any building the burning of which is for the purpose of concealing or destroying evidence of another violation of law, or for the purpose of concealing bankruptcy or defrauding creditors or to collect from insurance. Irrespective of the application of the above enumerated qualifying circumstances, the penalty of reclusion to death shall likewise be imposed when the arson is perpetrated or committed by two or more persons or by group of persons, regardless of whether their purpose is merely to burn or destroy the building or the building merely constitutes an overt act in the commission or another violation of law. The penalty of Reclusion Perpetua to Death shall also be imposed upon any person who shall burn: 1. any arsenal, shipyard, storehouse or military power or firework factory, ordinance, storehouse, archives or general museum of the government. 2. in an inhabited place, any storehouse or factory of inflammable or explosives materials. If the consequence of the commission of any of the acts penalized under this Article, death results, the mandatory penalty of death shall be imposed (sec. 10, RA 7659). What is the basis of criminal liability in arson? 1. Kind and character of the building burned 2. Location of the building 3. Extent or value of the damage 4. Whether inhabited or not. What are other forms of arson? Other forms of arson refer to those enumerated under Article 321 of the Revised Penal Code, as amended like the following: 1. Setting fires to any building, farmhouse, warehouse, hut, shelter, or vessel in port, knowing it to be occupied at the time by one or more person. 2. Building burned is a public building and value of damage exceeds six thousands pesos (P6000.00). 3. Building burned is a public building and purpose is to destroy evidence kept therein to be used in instituting prosecution for punishment of violators of law, irrespective of the amount of damage.
- 69. www.rkmfiles.net 69 4. Building burned is a public building and purpose is to destroy evidence kept therein to be used in legislative, judicial or administrative proceeding, irrespective of the damage, if the evidence is to be used against defendant of any crime punishable under existing law. Suggested Readings: 1. U.S vs. Evangelista, 39 Phil. 825 2. People vs. Tamba, 10 SCRA 296 3. People vs. Paterno, 47 O.G 4600 4. People vs. Villarosa, 54 O.G 3482 5. People vs. Macalma, 44 Phil. 170 Arson of Property of Small Value (Art. 323, RPC) Burning of any uninhabited hut, storehouse, barn, shed, or any other property, under circumstances clearly excluding all danger of the fire spreading, value of the property not exceed 25.00 pesos. Suggested Readings: 1. People vs. Alvarez, 52 Phil. 65 2. People vs. Herrera, (C.A) GR no. 5782-R, May 15, 1951 3. People vs. Camporedondo Crimes Involving Destruction (Art 324, RPC) The offender causes destruction by any of the following means: 1. explosion 2. discharge of electric current 3. inundation, sinking or stranding of a vessel 4. taking up the rails from a railway track 5. malicious changing of railway signals for the safety of moving trains 6. destroying telegraph wires and telegraph post or those any other communication system 7. by using any other agency or means of destruction as effective as the above Burning one’s own property as a means to commit arson (Read Case of U.S vs. Budiao, 4 Phil. 502) (Article 325, RPC) Article 326, RPC – Setting Fire to Property Exclusively Owned By the Offender This act is punished if the purpose of the offender is to: 1. Defraud or cause damage to another or 2. damaged is actually caused upon another’s property even if such purpose is absent or 3. thing burned is a building in an inhabited place. Presidential Decree No. 1613 – Amending the Law on Arson Special Aggravating Circumstance in Arson 1. If committed with intent to gain: 2. If committed with the benefit of another: 3. If the offender is motivated by spite or hatred towards the owner or occupant of the property burned: 4. If committed by a syndicate (3 or more persons).
- 70. www.rkmfiles.net 70 Prima Facie Evidence of Arson 1. If the fire started simultaneously in more than one part of the building or establishment 2. If substantial amounts of flammable substance or materials are stored within the building not necessary in the business of the offender or for house hold use. 3. If gasoline, kerosene, petroleum, or other flammable or combustible substances or materials soaked therewith or containers thereof, or any mechanical, electrical, chemical, or electronic contrivance designed to start a fire, a fire, or ashes or traces of any of the foregoing are found in the ruins or premises of the burned building or property. 4. If the building or property is insured for substantially more than its actual value at the time of the issuance of the policy. 5. If during the lifetime of the corresponding fire insurance policy more than two fires have occurred in the same or other premises owned or under the control of the offender and / or insured. 6. If shortly before the fire, a substantial portion of the effects insured and stored in a building or property had been withdrawn from the premises except in the ordinary course of business. 7. If a demand for money or other valuable consideration was made before the fire in exchange for the desistance of the offender or the safety of the person or property of the victim. What Constitutes Arson? 1. Burning – to constitute burning, pyrolysis must takes place. In other words, there must be burning or changing, i.e. the fibber of the wood must be destroyed, its identity changed. 2. Wilfulness – means intentional, and implies that the act was done purposely and intentionally. 3. Malice – it denotes hatred or a desire for revenge. 4. Motive – is the moving cause that induces the commission of the crime. 5. Intent – is the purpose or design with which the act is done and involves the will. Methods of Proof in Arson Physical evidences in arson are often destroyed. To prove arson was committed, Corpus Delicti must be shown and identify of the arsonist must be established. Corpus Delicti (body of the crime) is the fact of that crime was committed. The following must show it: 1. Burning – that there was fire that may be shown by direct testimony of complaint, firemen responding to the crime, other eyewitnesses. Burned parts of the building may also indicate location. 2. Criminal Design – must show that it was wilfully and intentionally done. The presence of incendiary devices, flammables such as gasoline and kerosene may indicate that the fire is not accidental. 3. Evidence of Intent – When valuables were removed from the building before the fire, ill-feeling between the accused and the occupants of the building burned, absence of effort to put off fire and such other indications. What are basic lines of inquiry in Arson Investigation? The arson investigator must have to inquire on the following a) point of origin of fire b) motives of arsonist c) prime suspects d) the telltale signs of arson. 1. Point of origin of fire Initially, the important point to be established is the point of origin 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, by an inspection of the debris at the fire scene and by studying the fingerprint of fire. The fingerprint of fire occurs during the free burning stage of the fire when pyrolytic decomposition moves upward on the walls leaving a bunt pattern.
- 71. www.rkmfiles.net 71 Witnesses must be questioned as to: 1. His identity 2. What attracted his attention 3. Time of observation 4. His position in relation to the fire at the time of observation 5. Exact location of the blaze 6. Size and intensity 7. Rapidity of spread 8. Color of flame and odor if he is in a position this 9. Any other person in the vicinity beside the witness Note fire setting mechanism 1. matches 2. candles 3. electrical system 4. mechanical means 5. chemical methods 2. Motive of Arsonist To understand the motives of arsonist, the arson investigator have to note the following that fires are set by: Persons with Motives a. Those with desire to defraud the Insurer b. Employees or such other person who have a grievance (Fire revenge) c. Those with desire to conceal evidence of a crime d. Those who set fire for purposes of intimidation People without motives a. Those who are mentally ill b. Pathological fire-setters c. Pyros and the Psychos Motives of Arsonist 1. Economic Gain b. Insurance fraud – benefiting c. Desire to dispose merchandise – lost of market value being out of season, lack of raw materials, over supply of merchandise can be a big reason for arson. d. Existing business transaction that the arsonist would like to avoid such as impending liquidation, settlement of estate, need for cash, prospective business failure, and increase rentals e. Profit by the Perpetrator other than the Assured like insurance agents wishing business with the assured, business competitors planning to drive others, person seeking job as personnel protection, salvagers and contractors wishing to contact another building 2. Concealment of Crime - When the purpose of hiding a crime or committing a crime, arson was used as means. 3. Punitive Measure - Committing arson to inflict injury to another due to hatred, jealousy and revenge. 4. Intimidation or Economic Disabling - Arsonist as saboteurs, strikers and racketeers to intimidate management or employer.
- 72. www.rkmfiles.net 72 5. Pyromania A pyromaniac having the uncontrollable impulse to burn anything without any motivation. They do not run away from the fire scene since they love watching fire burning. Types of Pyromania a. Abnormal Youth – epileptics, imbeciles and morons b. Hero Type – a person set a building on fire and pretends to discover it, turn on the alarm or make some rescue works to appear as “hero” c. Drug addicts and alcoholics d. Sexual deviates and perverts. 3. Prime Suspects (and the Prima Facie Evidences) The development of prime suspects - this involves identification results from the full development of leads, clues and traces, the testimony particularly eyewitnesses and the development of expert testimony, The following technique may serve the investigation: 1. Search of the fire scene for physical evidence: a. Protection of the scene b. Mechanics of search c. Collection and preservation of evidences d. Laboratory aids 2. Background study of policyholders, occupants of premises, owner of building or other person having major interest in the fire. 3. Interviews and interrogations of persons who discovered the fire, and the one who turned the first alarm, firemen, and eyewitnesses. 4. Surveillance 4. The Tell Tale Signs of Arson These signs maybe obvious that the first fireman at the scene will suspects arson or they maybe so well concealed that moths of patient investigation to show that it is set off will be required. 1. Burned Building – the type of the building may indicate a set fire under certain circumstance. A fire of considerable size at the time the first apparatus arrive at the scene is suspicious if it is a modern concrete or semi-concrete building. 2. Separate fires – when two or more separate fire breaks out within a building. The fire is certainly suspicious. 3. Color of Smoke – some fire burn with little or no smoke but they are exception. The observation of the smoke must be made at the start of the fire since once the fire has assumed a major proportion, the value of the smoke is lost, because the smoke will not indicate the material used by the arsonist a.) When white smoke appears before the water from the fire hose comes in contact with the fire, it indicates humid material burning. Example – burning hay, vegetable materials, phosphorus (with garlic odor). b.) Biting smoke, irritating the nose and throat and causing lacrymation and coughing indicates presence of chlorine.
- 73. www.rkmfiles.net 73 c.) Black smoke indicates lack of air if accompanied by large flames it indicates petroleum products and rubber. d.) Reddish-brown smoke indicates nitrocellulose, S1, H2, S04, HN03, or HCI. e.) Meaning of color of Smoke and Fire: Black smoke with deep red flame – petroleum products, tar, rubber, plastics, etc. Heavy brown with bright red flame – nitrogen products White smoke with bright flame – magnesium products Black smoke with red and blue green flame – asphalt Purple-violet flame – potassium products Greenish-yellow flame – Chloride or Manganese products Bright reddish yellow flame – Calcium products 8. Color of flame – The color of the flame is a good indication of the intensity of the fire, an important factor in determining incendiarism. 9. Amount of Heat – A reddish glow indicates heat of 5000 degrees centigrade, a real bright read about 100 degrees centigrade. Red flames indicate of petroleum. Blue flame indicates use of alcohol as accelerant. 10. Smoke Marks – An experience investigation will determine the volume of smoke involved at a fire and the character as residue deposited on walls or elsewhere. Smoke in marks have often been of assistance in determining the possibility of a fire having more than one 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 the first fire apparatus. Fires make what might be termed a normal progress. Such progress can be estimated after an examination of the material burned the building and the normal ventilation offered of the fire. The time element and the degree of headway by the flames become important factors to determine factors to determine possible incendiarism. 12. Direction of Travel – While it is admitted that no two fires burn in identical fashion, yet it can be shown that fire makes normal progress through various types of building materials, combustibility of contents, channel of ventilation and circumstances surrounding the sending of alarm, an experienced investigator can determine whether a fire spread abnormally fast. 13. Intensity – The degree of heat given off by a fire and the color of its flame oftentimes indicate that some accelerant has been added to the material normally present in a building and the investigator must look for further evidence pointing to use of such accelerant. Difficulty in extinguishing the fire is often a lead to suspect presence of such fluid as gasoline and kerosene. 14. Odor – The odor of gasoline, alcohol, kerosene and other inflammable liquids which are often used as accelerant is characteristics and oftentimes arsonist are trapped because of this telltale sign. Most of fire – setters are inclined to use substance which will make the blaze certain and at the same time burn up any evidence of their crime. 15. Condition of Content – Persons tending to set their house on fire frequently remove objects of value either materially or sentimentally. Store and other business establishments oftentimes remove a major portion of their content or replace valuable merchandise without of style articles. THE FIRE ORIGIN One of the first things to look for is the origin of the fire. Usually, accidental fires have only one origin; sometimes an arson fire will have several origins. That is, there will be two or more fires. Normally, a fire burns outward laterally in all directions, the heat generated moves up, and fires seldom burns down. Ventilation will also affects the burning pattern; but without unusual ventilation, fires burn equally in all directions except down. It may be necessary to go to several spots and point back to the most damaged areas; where the lines crosses probably will be the origin of the fire. Explosions also feed in all directions; the heat effect is usually intense. The point of explosion is usually easier to determine than the point of origin of other accelerants. Unless the investigator has ad special training in this type investigation, it probably would be to his advantage to call in a specialist.
- 74. www.rkmfiles.net 74 Alligator Pattern - The alligator pattern (checking of charred wood giving it the appearance of alligator skin) caused by the fire often can be used to trace the fire to its origin. The pattern at the point of origin is smaller and deeper than the rest of the areas. The pattern is also smaller and deeper at points where flammable liquids were used. Information from people - Many investigators have found that information from people help them know what to look for the fire scene. The good investigator knows how to how to interview people to get information that can help determine the origin of the fire, the cause of fire and even incendiary origin of the fire. The owner, the family of the owner, person calling in the alarm, neighbors, witnesses, or any person who might help in any way should be interviewed. If an investigator ever needed to be a skilled interviewer, it is in arson investigation cases. Most people just do not like to talk about arson fire. In general, they must be questioned as to the following. a. His identity b. His business in the arson of the fire. c. What attracted his attention to it? d. Time of observation and exact location of the blaze. e. His position in relation to the fire at time of observation. f. Size of intensity, rapidity of spread, and direct travel of flame. g. Color of flame, and odor if he is in a position to observe these. h. Other pertinent information. METHODS OF ESTABLISHING ARSON The usual methods involve examination of the fire scene. Although some of the most common methods used are burn indicators, which are the effect on materials of heating or partial burning and may be used to determine the point or points of origin of a fire. Fire accelerates the development of fire and to increase the amount of devastation. If either multiple point of origin or traces of fire accelerants are found arson is indicated. Occasionally, detection of arson during a fire is done through a team of arson investigators in the form of surveillance of the fire scene: suspicious behavior of spectators, an overzealous offer of assistance by a spectator, or someone constantly driving over fire hoses are grounds for suspecting arson. Behavior of owners, occupants, and other persons present as to their actions, excitements, dresses, and other pertinent information are observed, which might be helpful later. Observing people and vehicles as they approach and leave the scene. In a U.S. forest fire scenerio, the detection of arson is aided by the practice of U.S. Forest Service firemen enroute to configurations to take notice of the license numbers of vehicles departing from the scene, possible incendiary fire. In at least one case, this procedure has led to the arrest of an arson suspect. Gasoline was, by far, the most frequently found fire accelerant, possibly because it is readily available. Its characteristic and familiar odor makes it easier to detect than most other flammable liquids. To camouflaged the odor, incendiaries ordinarily used ammonia which has a pungent odor easily recognized by firemen. Ammonia is also used to keep out firemen from the burning structure. Other accelerants often used like kerosene, alcohol, firemen can easily distinguish rubber. Films have pungent odors similar to camphor. The size of fire, rapidity of spread and direction from the time of discovery to the arrival of the firemen may indicate that certain flammable substance have been used to accelerate spread of fire. Arsonist may also bore holes on walls and floors as a means for the fire to spread more rapidly. Intensity of heat maybe an indication that flammable liquids or compounds could have been used to spread the fire more rapidly. The firemen may experience sometimes that when a stream of water are directed on such fire, instead of going out as might be ordinarily expected the fire will burn with added intensity, and with a different color of flame such as red, blue, yellow or orange. The color of the smoke, location, and size are all-valuables in determining the use of accelerant. Although, some fires burns with little or no smoke, these are exceptions. The observation must be made at the start of the fire,
- 75. www.rkmfiles.net 75 once the fire as assumed a major proportion; the value of the smoke is lost because the smoke will not indicate the materials burning or used by the arsonist. If white smoke appears before the water from the fire hose comes in contact with the fire, it indicates humid materials burning, such as hay, vegetables, phosphorus (with garlic odor). Black smoke indicates lack of air, but if accompanied by large flames it indicates petroleum and rubber. If biting smoke is encountered causing irritation of the nose and throat, lacrimation, and coughings, presence of chlorine is indicated. Reddish-brown smoke might indicate nitrocellulose. Arson is often used to conceal another crime. Documents and records that found purposely exposed during a fire should be given particular attention, including doors, windows, and ventilators that are open and provide cross- drafts. Locked and obstructed entrances or passageways to impede the speedy transit of firemen and equipments. GATHERING, PRESERVING, AND ANALYZING EVIDENCES The arsonist expects the fire to destroy all of the evidence, and sometimes it does destroy most of it. However, the investigator who digs hard enough many times comes up with evidence where seemingly none exist. The cause of the fire should be investigated shortly after the fire is extinguished, otherwise, very little can be done afterwards be-map-up and salvage operation. This is a crucial stage in the detection and investigation of arson because cases rely on evidence that is recognized and preserved at this point. Finding and Preserving Evidence As in all other investigations, only one person should pick up, mark and package all evidence, and special care should be taken to maintain the chain of custody. There are some special problems in arson investigation due to the types of accelerants that may have been used. Accelerants used often are those of petroleum products such as gasoline, kerosene, mineral spirits, or anything containing volatile flammable liquid. Hydrocarbons of these products may be found under the debris of the fire, at or near the point of the origin. These fluids, when originally spread, flow outward and downward, hence evidence of these may be found in cracks in the floor or in dirt under the fire. Just because the fire damage is extensive or there is no odor present does not mean these types of accelerants were not used. The crime lab in most cases would be needed to prove which type of accelerant was used. Wood flooring and rugs are the most common substrates, followed by furniture and upholstery. These materials are where the crime lab separates accelerant residues. Sections of the floors, the debris or some dirt under the fire must be stored in glass or metal containers and sealed, to be of value to the crime lab. Fumed from the accelerants or hydrocarbons would escape from plastic or open containers. The predominant type of container used to preserve physical evidence from arson. Scenes are the unused metal paint can. These containers are vapor-tight and unbreakable. Plastic bags, while convenient and inexpensive, are easily punctured, are chemically attacked by some types of evidence, and allow the loss of some volatile evidence by diffusing through the bag. Time Delay Devices Delayed action is achieved in setting incendiary fires by the used of certain mechanical, electrical or chemical devices. They usually involve matches, candles, electric heating elements, batteries and clock mechanisms coupled with flammable liquids, or chemicals that will spontaneously ignite after a short delay. If none of these devices are found, the evidence, which should be the various containers for them. The arsonist uses this delayed type of devices to establish an alibi.
- 76. www.rkmfiles.net 76 Condition of Doors, Windows, Furniture In cases where a building has burned to the ground, the hardware of doors and window remain. They will fall straight down, unless moved by the water stream of the firemen. This may tell whether a door or windows was opened or closed. Metal parts of furniture may tell whether or not furniture has been moved from the building before the fire. Ashes ay give the crime lb something to work with. For example, if extensive furniture has bee moved from the house prior to the fire and inexpensive furniture move in, the crime lab can tell from the ashes. Evidence of fraud fires should be carefully examined. This is tremendous problem and should remain uppermost in the mind of the investigator. Burn Indicator Burn indicators are the effects on materials of heating or partial burning, which are used to indicate various aspects of fire such as flammable liquids, and points of origin. Interpretation of burn indicators is a principal means of determining the cause of the fire. Although burn indicators are widely used to establish the causes of fires, they have received little scientific testing. Some of the burn indicators used are the following: Alligatoring effect: checking of charred wood, giving it the appearance of the alligator skin. Large, rolling blisters indicates rapid, intense heat, while small, flat alligatoring indicates long, low heat. Crazing of glass: formation of irregular cracks in glass due to rapid, intense heat, while small, possible fire accelerant. Depth of char: depth of burning wood – used to determine length of burn and thereby locate the point of origin of the fire. Line of demarcation: boundary between charred and uncharred material.On floors or rugs, a puddle shaped line of demarcation is believed to indicate a liquid fire accelerant. In the cross section of wood, a sharp, distinct line of demarcation indicates a rapid, intense fire. Sagged furniture springs: because of the heat required for furniture springs to collapse from their own weight (1150F) and because of the insulating effect of the upholstery, sagged springs are believed to be possible only in either afire originating inside the cushions (as from a cigarette) rolling between the cushions) or an extrnal fire intensified by a fire accelerant. Spalling: breaking off of pieces of the surface of concrete, brick or cement due to intense heat. Brown stains around the spall indicate the use of fire accelerant. Freezing of leaves: drying of leaves in a forest fire into their position at the time of the fire. Since the leaves turn during the day. “Some persons regard this evidence as unreliable because of insufficient clinical and research conformation and the influence of the fire wind.” One of the authority, P.L.Kirk, cautions that puddle-shaped lines of demarcation may be due to many causes which have nothing to do with flammable liquids. He also points out that depths of char is strongly affected by factors other than burning time (such as temperature and species of wood) and that much greater care must be taken in its interpretations than is frequently the case. Olfactory Detection Gasoline is a complex mixture of chemical compounds, the proportion of which vary with the source of the crude oil and the type of process used in its manufacture. The sensitivity of the human nose to gasoline vapor appears to be on the order of one part per ten million. So that, the nose is not sensitive. Another problem, called olfactory fatigue, is the tendency of the nose to lose its sensitivity to an odor after a prolonged or intense exposure to it. Further, the odor of fire accelerants may be masked by other strong odor such as that of burnt debris or ammonia. In fact, in one case an arsonist attempted to camouflage the presence of gasoline by mixing vanilla with it to mask the odor. Finally, it may be inconvenient or impossible to search for accelerant odor with nose along with certain types of detector equipment.
- 77. www.rkmfiles.net 77 Other Types of Accelerant Explosive types of accelerant usually leave little or no residue, but there maybesome types of containers or parts of containers available; metal parts such as pieces of pipe, wire, batteries, and parts of alarm clock. Evidence of forced entry, evidence of arson to cover up other crimes and evidence of footprints or tire tracks (outside) should be carefully gathered and reserved. Do not take for granted that fingerprints will be destroyed by the fire. Soot from the fire maybe perfect preservatives of fingerprints. The arsonist may use material on hand such as newspapers, overstuffed furniture, or anything that burns easily. He may rearrange anything available to provide a quick burning situation. He may use some type of petroleum accelerant on this material. If rearrange, fast-burning materials are use without accelerants, a good photograph showing rearrangement may be sufficient. If some accelerant of petroleum product is used, it will be necessary to place some of this material in glass or metal container and sealed for the crime lab to examine. TECHNICAL METHODS IN ARSON INVESTIGATION The detection, recovery, and analysis of fire accelerants are of major concern to arson investigators. The presence of flammable liquids can be used to establish that arson was committed and can sometimes be used to link a suspect of fire. Although; objection is sometimes be raised that identifiable amounts of liquid fire accelerants rarely survive a fire so that any effort or fund expanded for their detection would be largely wasted. While there is not sufficient scientific investigation of this subject, the day to day experience of arson investigation, is that accelerant residue are often found. Furthermore, experiments have shown that accelerants can survive fires. The areas most likely to contain residues of liquid fire accelerants are floors, carpets, and soil since, like all liquids, they run to the lowest level. Also, these areas are likely to have the lowest temperatures during the fire and may have insufficient oxygen to support the complete combustion of the accelerant. Porous or cracked floors may allow accelerant to seep through the underlying earth. Numerous instances have been recounted of the excellent retention properties of soil for flammable liquids. Another place where accelerants, and the equipments sensitivities, limitations, advantages and disadvantages. Chemical Color Test Detectors Chemical color test maybe used to detect both liquid accelerant residues and their vapors. Certain dyes can spread in suspected areas and will indicate the presence of hydrocarbons by turning red. This method is less sensitive and specific to flammable liquids than other methods which are available. Also the dye may interfere with subsequent laboratory tests intended to identify the accelerant. Hydrocarbon vapor scan be detected by pumping a suspected sample through a glass container of reagent, which changes color in the presence of hydrocarbons. The reported sensitivity of this method is on the order of one part per thousand. The detector will also react to hydrocarbons, which are not fire accelerant. Catalytic Combustion Detector The most common type of flammable vapor detector used by arson investigators operates on the catalytic combustion principle and is popularly known as sniffer, combustible gas indicator, explosimeter, or vapor detector. In operation, vapor samples are pumped over a heated, platinum plated coil of wire, which may cause any combustible gas present to oxidize. The heat from the oxidation raises the electrical resistance of the coil and his changes in resistance are measured electronically. A sensitivity to hexane vapor of a few parts per million can be achieved. Since oxygen is required for the operation, the sensitivity is reduced in oxygen-deficient areas but these are unlikely in arson investigations. (Also, an internal source of oxygen could be fitted to the detector if it were found to be required. The other problem is the gradual loss of sensitivity when the detector is exposed to gasoline containing lead. Lead deposits form on the platinum catalyst and interfere with its operation. While the detector correctly indicate the presence of the more volatile fire accelerants (gasoline, paint thinner), it gave low readings for less volatile accelerants (fuel oil, turpentine). This situation might cause an investigator to overlook such an accelerant while searching a fire scene.
- 78. www.rkmfiles.net 78 Flame Ionization Detector In the flame ionization detector, the sample gas is mixed with hydrogen and the mixture is burned. Ionized molecules are produced in the flame proportion to the amount of combustible organic gases in the sample. (Pure hydrogen, air, and water vapor produce little ionization.) the degree of ionization is then measured by using an electrometer to determine the resulting increase in the electrical conductivity to methane is about one part per ten million. Gas Chromatograph The portable gas chromatograph adapted for field use, is sometimes called the arson chromatograph. In the gas chromatograph, the sample is first separated into components based on the speed with which the components travel though a tube filled with a packing material. The amounts of each of the separated components are then measured with either a catalytic combustion of flame ionization detector. The sensitivity rangers from a few hundredths of a part per million to a few parts per million depending on the type of detector used. The main advantage is a great enhancement in specificity because of the preliminary separation process: the distribution in the amounts of components with various travel times tends to be unique characteristics of chemical compounds. The principal disadvantages are the time required for the analysis of each sample of about one-half hour, which can be a disadvantage in some situations. In addition, there is an initial setup time of about one hour. The operation of the gas chromatograph is considerably more complex and requires a certain amount of the technical training. Infrared Spectrophotometer Infrared spectrophotometers can achieved very high specificity to flammable liquids and high sensitivity of about hundredths of part per million. In operation, infrared light of varying wavelengths is directed through the sample and the amount of light passing through it is plotted on a pen recorder. The recording can then be compared with those of known compounds determine the identity of the sample. Since the chemical bonds in the compound determine the way in which infrared radiation, these recording called spectrograms are unique for different compounds. However, evidence mixed with impurities must be purified before it can be successfully identified. In particular, since water vapor absorbs infrared light, it interferes with the identification of flammable vapors. This is a disadvantage in arson investigation, where water is commonly present. Ultraviolet Fluorescence The operational procedure consists simply of illuminating the darkened fire scene with ultraviolet lamp. Certain substances, including constituents of gasoline and its residue, absorbs the ultraviolet light and release the energy as visible light. These substances appear to glow against the darkened background. The color with which the substances glow is affected by exposure to heat, and thus, the method can be used not only to locate accelerant residues but also to help locate the point of origin of the fire. The only equipment required is an ultraviolet lamp and portable power supply. Recovery of Fire Accelerant Residue Accelerant residues must first be separated from the ashes, wood, carpeting, or other material in which they are found before they can be analyzed. This extraction is usually accomplished by one of three types. Of distillation: simple, steam, or vacuum. Both steam and vacuum distillation are capable of extracting 64% of any gasoline from debris. Identification of Prime Suspect The final basic line of inquiry is the identification of the fire setters and his accomplices if any. The identification is developed from clues, traces, testimony of persons particularly eye witnesses, and expert testimony may be of value.
- 79. www.rkmfiles.net 79 Difficulties in Investigating Arson Cases Many fires receives only a per functionary investigation, while many others are not investigated at all. This is true both in the case of the initial investigation of the cause of the fire and in the case of the subsequent criminal investigation when incendiarism is known or suspected. This situation causes the number of fires classified as incendiary or suspicious to significantly underestimate the true level of arson and helps to cause the low arson arrest and conviction. The reasons for the low rate of investigation of fires fall mainly into two categories. 1. Physical nature of the fire scene. No other type of crime scene except bombings is characterized by as much destruction and disorder as arson. Investigators must search through piles of debris and rubbles, often on their hands and knees. Ashes, soot, and char make fire scenes filthy and malodorous. They can ruin clothes and cause personal problems for investigators returning home from fire scenes. An investigator’s wife may be able to adjust to his late night calls, but may find the inevitable filthy and foul-smelling clothes intolerable. For this reasons or because he fins such conditions undignified, an investigator’s may request transfer to other duties. The fire scene search is further aggravated by water remaining from the extinguishments. The scene may be a quagmire, making the rubble wet and heavy to move out the way. Plaster fallen from walls and ceilings mixed with the water, forming a gray slush retarding the investigator’s movements. The fire scene may be dangerous to work in because of the imminent collapse of upper parts of the structure. It may be exposed to the elements, making work in foul weather difficult and unpleasant. In addition to the destruction of the fire, there are further problems caused by firefighter mop-up process and salvage operations immediately following the fire. This involves finding and eliminating any smoldering sports that might rekindle the fire. This involves tearing open walls, ceilings, roofs, and other partitions, and throwing objects like mattresses and sofas out the building. The salvage process involves removing any salvageable items, such as furnishings or machinery, to a safe place and covering them from the elements. The process hampers efforts to reconstruct the fire scene and the sequence of events that led to arson. The original positions of objects must, as a result, usually be obtained through meticulous interviews. The sheer physical effort involved in the investigation is usually much greater for arson than for other crimes, and the number of man-hours required is greater. Fire scene searches cannot be avoided, particularly in view of the general lack of witnesses in arson. The investigato0r must often put together a complex chain of circumstantial evidence to establish arson and implicate a suspect. Any physical evidence may be destroyed by the fire or lost in the debris. Securing the fire scene poses another real problems, since the investigator in most cases, is late in arriving. In general fireman do not recognized their responsibility in arson investigation and concentrate on suppressing the fire without regard to the suspicious fire. In the fire is suspicious and should be investigated. The arson investigator must assume the responsibility for educating the firemen as to their responsibility in suspicious fires. The firemen are usually in a position to make or break an arson case by their action in taking fire alarm, arriving at the scene, and suppressing the fire. The firemen must understand how important their actions are to the investigator and why their cooperation is needed. The arson investigator could profitably use some of his time teaching the firemen to recognize suspicious fires. The same techniques can be taught the firemen how to protect the fire scene and to see that the investigator is notified immediately: Usually, the sooner the investigator is notified and arrives at the fire scene, the better he is in a position to investigate. The good investigator should closely work with firemen, encourage them to be a part of the investigation, and keep them informed. 2. Administrative Problems Historically, the attitude of police has often been that arson is a fire problems and that responsibility for arson lies completely within the fire service. Arson, however, is a crime, and firefighters are not trained to
- 80. www.rkmfiles.net 80 investigate criminal matters. As discussed in the previous section, the conditions typical of fire scenes make arson investigation unpleasant and unrewarding. Neither the police nor fire agencies are anxious to take over an area with such a low success rate. Both want to improve their statistics in order to enhance their image and justify their budget. When budget cut occurs arson units are often the first to go. The real winner in this dispute is the arsonist. Difficulties in Prosecuting Arson Cases Legally, fires are assumed to be accidental in origin until proven otherwise. The proof that the origin was incendiary and that a crime occurred is called the corpus delecti (body of the crime) of the arson case. Since arson is committed surreptitiously, witnesses are rare. Arson must therefore usually established using circumstantial evidence including physical evidence, such as fire accelerant residues or multiple points or origin of the fire, which s difficult to find. Once arson has been established, the prosecution centers on implicating the defendant. Again witnesses are few (unlike, say, robbery or assault), so a complex circumstantial case must usually be constructed. Such a case requires greater trial preparation and more experience on the part of the fiscal: Further, the low success rate and high work demands of arson cases make them most unattractive to prosecutors, who demands of arson cases make them most unattractive to prosecutors, who demands of arson cases make them most unattractive to prosecutors, who are usually overburdened with cases. One of the criteria for promotion is the number of convictions returned. Finally, because of the heavy reliance on physical evidence, the prosecutor may feel uneasy with the large amount of expert scientific testimony required.
- 81. www.rkmfiles.net 81 TRAFFIC ACCIDENT INVESTIGATION 1. GENERAL: To know what question to ask and what to look for, you must have some fundamental bearing on accidents and their causes. When you speak of traffic accident, everybody knows what you mean – SOMETHING WENT WRONG on the highway, either a wrecked car, somebody injured or possibly killed. In this relation, as traffic law enforcers, you should have knowledge of traffic accidents and their investigations. 2. TRAFFIC ACCIDENT INVESTIGATION DETERMINES THE FOLLOWING: a. WHAT happened? b. WHO were involved? c. WHERE did it happen? d. WHY did it happen? e. HOW did the accident occur? f. WHEN did the accident happen? 3. PURPOSES OF TRAFFIC ACCIDENT INVESTIGATION: Accidents are generally investigated for four (4) main reasons, depending on who does the investigation: a. Everyone involved is curious about the causes and circumstances of the accident. b. Police are also interested in finding out whether there is enough evidence of law violation in the accident to take enforcement action. c. Claims attorneys and adjusters want to determine negligence on the part of the drivers involved in the accident so that damage claims can be properly adjusted. d. Officials and other want specific information about accidents to know how to prevent future accidents. 4. DEFINITIONS: a. TRAFFIC – refers to the movement of persons, goods, or vehicles, either powered by combustion system or animal drawn, from one place to another for the purpose of travel. b. ACCIDENT – is that occurrence in a sequence of events which usually produces unintended injury, death, or property damage. c. TRAFFIC ACCIDENT – an accident involving travel transportation on a traffic way. d. MOTOR VEHICLE ACCIDENT – is any event that results in unintended injury or property damage attributable directly or indirectly to the action of a motor vehicle or its loads. Included are: 1. Accidental injury from inhalation of exhaust gas; 2. Fires; 3. Explosion; 4. Discharge of firearm within the motor vehicle while in motion; 5. Collision between a motor vehicle and a railroad train or street car on stationary rails or tracks; 6. Failure of any part of the motor vehicle while the vehicle is in motion. Excluded are: 1. Collision of a motor vehicle with an aircraft or water-craft in motion; 2. Injury or damage due to cataclysms (flood or sudden physical change of the earth surface); 3. Injury or damage while the motor vehicle is not under its power is being loaded on or unloaded from another conveyance.
- 82. www.rkmfiles.net 82 e. MOTOR VEHICLE – is every device which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails. f. TRAFFIC WAY – is the entire width between boundary lines of every way or place of which any part is open to the use of the public for purposes of vehicular traffic as a matter of right or custom. g. ROADWAY – the portion of a traffic way which is improved, designed or ordinarily used for vehicular travel, exclusive of the shoulder. h. KEY EVENT – an event on the road which characterizes the manner of occurrence of a motor vehicle traffic accident. i. DEBRIS – is the accumulation of broken parts of vehicles rubbish, dust and other materials left at the scene of the accident by a collision. j. SKID MARKS – are marks left on the roadway by tires which are not free to rotate, usually because brakes are applied strong and the wheels locked. k. SCUFF MARKS – are signs left on the road by tires that are sliding or scrubbing while the wheel is still turning. 5. KINDS OF TRAFFIC ACCIDENTS: 1. Motor Vehicle Traffic Accident – is any motor vehicle accident occurring on a traffic way. e.g. ordinarily collision between automobiles on a highway. 2. Motor Vehicle Non-Traffic Accident – is any motor vehicle accident which occurs entirely in any place other than a traffic way. e.g. accident on a private driveway. 3. Non-Motor Vehicle Traffic Accident – is any accident occurring on a traffic way involving persons using the traffic way or travel or transportation, but not involving a motor vehicle in motion. e.g. pedestrian and cyclist in a traffic way. 6. CLASSIFICATION OF MOTOR VEHICLE TRAFFIC ACCIDENT ACCORDING TO KEY EVENT: Running off road 1 Non-collision on road: Overturning 2 Other non-collision 3 Collision on road with: Pedestrian 4 Other motor vehicle in traffic 5 Parked motor 6 Railroad train 7 Bicycle 8 Animal 9 Fixed object 10 Other objects 11 7. CLASSIFICATION OF ACCIDENT ACCORDING TO SEVERITY: a. Property Damage Accident – is any motor vehicle accident where three is no fatal or injury to any person but only damage to the motor vehicle or to other property including injury to animals. b. Slight – accident causing slight damages to properties. c. Non-Fata Injury Accident – any motor vehicle accident that results in injuries other than fatal to one or more persons. c.1 Less Serious – accidents causing less serious injuries to persons. c.2 Serious – causing serious injuries to persons. d. Fatal – any motor vehicle accidents that results in death to one or more persons.
- 83. www.rkmfiles.net 83 8. TRAFFIC UNIT – is any person using a traffic way for travel, parking or other purposes as a pedestrian or driver, including any vehicle, or animal, which he is using. It applies not only to motor vehicle but also to: a. Pedestrians; b. Cyclists; c. Street cars; d. Horse-drawn (animal-drawn) vehicles; e. Farm tractors; and f. Other road users in almost any combination. Example: A traffic accident could involve a cyclist and a pedestrian. 9. CAUSES OF MOTOR VEHICLE TRAFFIC ACCIDENTS: a. SIMULTANEOUS FACTORS: 1. Road conditions. 2. Drivers’ attitude or behavior 3. Weather condition. b. SEQUENTIAL FACTORS: 1. Speed is greater or less than safe. 2. Defective vehicle (vehicle malfunction) c. OPERATING FACTORS: 1. Road hazards 2. Driver’s non-compliance to traffic laws, rules and regulations. d. PERCEPTION FACTORS: 1. Driver’s inability to react promptly to a situation. 2. Driver’s faulty action to escape collision course. HAZARDS – A hazard is generated when a critical space-motion relationships between a traffic unit and another object develops due to the movement of either or both. Example: A curve in the path is a hazard. Another traffic unit in the path is also a hazard. SAFE SPEED – The speed adjusted to the potential or possible hazards or the road and traffic situation ahead. Safe speed on the road is determined by the road rather than the particular driver of a vehicle. Example: A curve ahead is a hazard and a safe speed for it is a speed at which it can be taken comfortably. PERCEPTION OF HAZARD – Seeing, feeling, or hearing and understanding the unusual or unexpected movement or condition that could be taken as a sight of an accident about to happen. 10. CHAIN OF EVENTS IN A VEHICULAR ACCIDENT: For the purpose of reporting, traffic accident may usually be described well enough as a single occurrence but when accident is investigated, attention is directed to particular stages of the occurrence. In fact, an accident may be usually defined as a series of an expected events leading to damage or injury. One event usually leads to another so that the series can be spoken of as a “chain of events”. Some of these events are described below: a. Perception of hazard – is seeing, feeling, or hearing and understanding the usual or unexpected movement or condition that could be taken as sign of the accident about to happen.
- 84. www.rkmfiles.net 84 b. Start of evasive action – is the first action taken by a traffic unit to escape from a collision course or otherwise avoid a hazard. c. Initial Contact – is a first accidental touching of an object collision course of otherwise avoid a hazard. d. Maximum Engagement – is greatest collapse or overlap in a collision the force between the traffic unit and the object collided with - are greatest at maximum engagement. e. Disengagement – is separation of a traffic unit in motion from an object with which it has collided. Force between the object ceases at this time. f. Stopping – is coming to rest. It usually stabilizes the accident situation. g. Injury – is receiving bodily harm. POINT OF NO ESCAPE – is that place and time after or beyond which the accident cannot be prevented by the traffic unit under consideration. FINAL POSITION – is the place and time when objects involved in an accident finally come to rest without application of power. OVER ALL PICTURE OF TRAFFIC ACCIDENT INVESTIGATION * CHAIN OF EVENTS IN A VEHICULAR ACCIDENT Point of no escape Final Position Perception of hazard Start of evasive action Initial Contact Maximum Engagement Disengagement Stopping Injury
- 85. www.rkmfiles.net 85 FIVE (5) LEVELS OF ACTIVITY IN ACCIDENT INVESTIGATION a. Reporting b. At-scene investigation c. Technical, preparation d. Professional reconstruction e. Cause analysis 11. STEPS TO BE TAKEN BY THE POLICE AS A TRAFFIC LAW ENFORCER DURING TRAFFIC ACCIDENTS: STEP ONE UPON LEARNING OF ACCIDENT: A. ASKED FIRST: 1. When did the accident happen? 2. Exactly where was it? 3. How bad was it? 4. Did you see the accident happened? 5. Where can you be reached? B. DECIDE WHETHER TO GO TO THE SCENE: 1. Will scene have been cleared by the time of arrival? 2. Is it in investigator’s area? 3. Should headquarters’ be informed or consulted? C. THEN FIND OUT, IF NECESSARY: 1. Is traffic blocked? 2. Has ambulance been called? 3. Has wrencher been called? 4. Was fire apparatus called? STEP TWO A. UPON ARRIVAL AT THE SCENE OF ACCIDENT: 1. Select parking place carefully. 2. Is it safe? 3. Will it block traffic? 4. Can headlight illuminate scene? 5. Look over bystanders and others. 6. Look for drivers. 7. Look for possible witnesses. 8. For volunteers who will help you. 9. Get them under control 10. Have spilled gasoline guarded. 11. Look for fire and electrical hazards. 12. Look for traffic hazards. 13. Put out flares. 14. Ask helper to direct traffic 15. Keep bystanders off roadway. 16. Request help from headquarter if needed.
- 86. www.rkmfiles.net 86 B. ARRANGE FOR ANY HELP: START FOR THE SCENE: With two way radio, you can do two things while on the way. Step 1 a. CHOOSE BEST APPROACH: Consider: 1. Time 2. Possible traffic jams 3. Possible route of driver involved and 4. Probable situation at scene. b. DRIVE SAFELY: Get there safely, if you get involved in accident yourself then other units must be used. c. BE ALERT FOR CARS LEAVING SCENE: 1. As possible witnesses or hit and run drivers. 2. Records registration numbers of any likely looking vehicles. d. GET EQUIPMENT READY FOR USE: So far as practical on the way. e. LOOK FOR CONDITIONS CONFRONTING A DRIVER APPROACHING SCENE: 1. Low visibility view obstructions, and 2. Traffic control devices. f. NOTE HAZARDS TO APPROACHING TRAFFIC: 1. Drop helper to direct traffic if necessary 2. Look for physical evidence. Have it guarded until it can be examined, collected or located. Step 2 1. Look for congestion or potential congestions. 2. Direct traffic or have it directed. 3. CARE FOR INJURED: a. Stop arterial bleeding b. Call for help if necessary c. Help injured from cars safely d. Ask for emergency assistance from bystanders from any where. 4. LOCATE DRIVERS: 1. Consider possibility of hit and run accident and need to alert headquarters. 2. Look for witnesses at scene, arrange to question and get names and addresses. 5. Measure location or short lived evidences. 6. Arrange for clearing roadway. 7. Delay removal of vehicles except to aid injured.
- 87. www.rkmfiles.net 87 Step 3 WHEN EMERGENCY IS UNDER CONTROL a. PRELIMINARY QUESTIONING OF DRIVERS: 1. Who was driving each vehicle? 2. Note unpremeditated statement. 3. Look for signs of nervousness, confusion and intoxication. b. Gather clues for identifying hit and run cars. 1. Question other witnesses especially bystanders in hurry to go. 2. It needed, get signed statement at once from why who may be hard to find later. c. Examine drivers conditions 1. Get specimen for chemical test. 2. Question about trip plan for possible fatigue. d. Question drivers carefully 1. Check license and record data from it. 2. Verify and identify address. 3. Check registration and record data. 4. Verify ownership and correct address. 5. Get step by step account of what driver saw and did. e. Position and condition of vehicles. 1. Note lights and light switches 2. Note gear position and tires. 3. Mark position of vehicles if it must be removed. 4. Look for unusual thing inside the vehicles. f. From preliminary opinion as to how accident occur: g. Photography: 1. Photograph skidmark and location of vehicles. 2. Mark skidmark location for later measurement. h. Record place to which injured persons or damage vehicles were or will be taken. Step 4 AFTER GETTING SHORT-LIVED EVIDENCES: 1. Make test skids. 2. Decide whether proof of violation is sufficient for arrest. 3. If so, make arrest or issue citation. 4. Get additional formal statements, from witnesses remaining at the scene. 5. Have road clear if traffic is obstructed. a. Suggestion to drivers: 1. How much accidents can be avoided in the future. 2. Tell drivers what reports they must make and dismiss them. 3. Approach the scene by path of each traffic unit involved. b. Look for: 1. View obstructions.
- 88. www.rkmfiles.net 88 2. Traffic control devices, etc. 3. Probable points of perception. 4. Road surface conditions. c. Complete examinations of vehicles. d. Locate key event of accident. e. Make additional photographs of vehicle damage. 1. Vehicle damage 2. View obstruction 3. Pavement’s conditions 4. Control devices, and general view, etc. f. Establish exact location of accident and record it. g. Measure for scale diagram if location is hard to reach. h. Review notes of evidence or testimony. 1. Get additional facts at scene. 2. Identify all notes with places and time. i. Clean up location or arrange to have it done. j. Report to headquarters by radio or telephone. Step 5 AFTER LEAVING THE SCENE a. Get medical report on injured persons from doctor or hospital. b. Question drivers or witnesses: 1. At hospital or home if not adequately questioned. 2. Take need additional statements. c. Notify: 1. Relatives of dead or injured; 2. Owner of vehicles. d. Have specimens analyzed if were taken for chemical / laboratory test. e. Have photograph developed, get prints if needed for report. f. Complete the report of the accident. 1. Have copies made if necessary 2. File report and copies g. Complete factual data on investigation report if not completed at scene. h. Decide whether analysis of accident is warranted by the time available for making it. i. Reconstruction of the accident. 1. Estimate speeds of vehicles involved. 2. Draw scale diagram 3. Analyze angle of collision 4. Get technical help if necessary, and 5. Summarize opinions j. Present case summary to a lawyer. k. Complete report or investigation (file reports and notes). l. Submit to superior for approval. m. Inform other Agencies or departments of any condition at the scene which needs attention for safety.
- 89. www.rkmfiles.net 89 Step 6 IF CASE GOES TO COURT a. Find out what the prosecutor wants further to develop evidence. b. Return to the scene if necessary for the following: 1. Additional photographs of general scene and 2. Long-lived evidence 3. Measure for scale diagram for use in court. 4. Locate additional witnesses and review tier testimony. 4.1 Relatives and friends who confirm activities before the accident. 4.2 Technicians who developed pictures, made chemical tests, etc. 4.3 And experts who can help. c. Have enlargement made of any photo needed in court d. Have large scale diagram made for use in court. e. Pre-trial conference with prosecution witnesses to review testimony. f. Insure that subpoenas are issued g. Testify in court. h. Organize papers and file permanently, if necessary, for future reference. i. Insure that the disposition of case is recorded in drivers record and other reports. 12. TRAFFIC ACCIDENT REPORT a. Uniform traffic Accident Reporting System. b. Preparation of Traffic Accident report 1. By a competent bonafide traffic accident investigator. 2. Requirements for an investigator in the submission of report such as evidence gathered, diagrams, sketches as well as sworn statements of witnesses. 3. Traffic Accident Investigation Report will be accomplished in five (5) copies: 3.1. For the Court or Prosecutor’s Office; 3.2. For TRAFCOM; 3.3. For the Investigator 3.4. For the Insurance company of Party-involved #1; and 3.5. For the Insurance company of Party-involved #2.
- 90. www.rkmfiles.net 90 13. PARTIAL CHECK LIST FOR INVESTIGATING ACCIDENTS: The following check list will assist the accident investigation to evaluate the quality of his investigations. It may be used as an administrative tool to determine the quality of accident investigation that will be used as a standard. (Check One) STEPS IN TRAFFIC ACCIDENT : : Yes : : No : INVESTIGATION : Good : Fair : Poor : : I. Get to Scene Quickly and Safely 1. Respond Immediate to Call : : : : : 2. Drove carefully on way : : : : : 3. Parked properly at scene : : : : : II. Care for Injured 1. Made immediate inquiry for injuries : : : : : 2. Provide first aid, or for medical attention : : : : : 3. Handled injured properly : : : : : 4. Safeguard properly injured : : : : : III. Safeguard Scene 1. Took precautions to prevent further accident : : : : : 2. Prove for orderly handling of traffic : : : : : 3. Obtained required help in handling the accident : : : : : 4. Prevented destruction of evidence : : : : : 5. Parked car properly : : : : :
- 91. www.rkmfiles.net 91 IV. Determine if Hit-and-run 1. Quickly located drivers : : : : : 2. Observed condition of drivers : : : : : 3. “Listened” to drivers’ story : : : : : 4. Took notes on drivers’ story : : : : : 5.”Questioned” drivers about the accident : : : : : V. Seek and Interview Witnesses 1. Made proper search for witnesses : : : : : 2. Techniques used in search for witnesses : : : : : 3. Approached witnesses : : : : : 4. “Listened” to witness’ story : : : : : 5. “Questioned” witnesses on pertinent information : : : : : 6. Asked witnesses to write out his statement : : : : : 7. Asked for witnesses’ signatures to statements taken : : : : : 8. “Handled” witnesses interview properly. : : : : : VI. Examine Physical Evidence 1. Checked position of vehicles on roadway : : : : : 2. Checked traffic control devices : : : : : 3. Checked damage of vehicles : : : : : 4. Checked brakes of vehicles : : : : : 5. Checked obstruction to view : : : : : 6. Checked condition of roadway : : : : : 7. Checked marks and materials on roadway surface. : : : : : VII. Compare Statements of Drivers and Witnesses 1. Checked statement against each other : : : : : 2. Checked with drivers and / or witnesses on statements inconsistent with each other or physical condition : : : : : 3. Decision at this point, tentatively at least on any violation of law involved : : : : : VIII. Witnesses Repeat Statement In Presence of Drivers and Investigator 1. Brought drivers and witnesses together : : : : :
- 92. www.rkmfiles.net 92 2. Stories repeated in presence of each drivers and investigator : : : : : 3. Drivers permitted to reply to statement made : : : : : 4. Procedure handled tactfully by investigator : : : : : IX. Secure Written Statement of Drivers 1. Drivers asked to write out their story : : : : : 2. Drivers asked to sign statement they made : : : : : 3. Signed statement obtained : : : : : 4. Procedure handled efficiently by investigators : : : : : X. Take Photograph and Measurements 1. Proper photograph taken : : : : : 2. Tire and skid marks tied in with vehicles : : : : : 3. Marked properly measurement : : : : : 4. Diagram of accident made, both drivers signed it : : : : : XI. Take Appropriate Enforcement Action 1. Investigator identified violations involved : : : : : 2. Proper charges placed against the violator : : : : : 3. Evidence obtained to satisfy all elements of charge made : : : : : 4. Investigator detected all pertinent evidence : : : : : XII. Obtain Complete Factual Data 1. All pertinent data on accident obtained. : : : : : 2. All obtained data factual : : : : : 3. “On the Scene” notes taken by investigators : : : : : 4. Complete investigation made by investigators: : : : : XIII. Pre-Report Follow-up 1. Mechanical inspection of vehicles was made : : : : : 2. Participants not at scene, interviewed : : : : : 3. Witnesses not at scene, interviewed : : : : : 4. All other follow-up requirements made : : : : : XIV. Write up Report 1. Investigator obtained sufficient data : : : : : 2. Investigator obtained accurate data : : : : : 3. Proper diagram included in report : : : : : 4. Sound opinions also included in the report : : : : : 5. Finished report meets of department records : : : : :
- 93. www.rkmfiles.net 93 SKIDMARKS: AS A TOOL IN TRAFFIC ACCIDENT INVESTIGATION SKIDMARKS - The sudden application of brakes which results in the locked wheel condition places such a great pressure between the brake shoe and the brake drum that the frictional force at this point becomes greater than the frictional force between the tire and the road surface. When this condition exists, the wheels skid. One of the main reasons for studying and measuring skid marks at the scene of a traffic accident is to get some idea how fast the car which left these marks was going prior to the accident. Estimates of speed based on skid marks sometimes lead to convictions in connection with an accident. On the other hand, knowing how to estimate speed correctly may help to keep an innocent person from being convicted. For example, skid marks 80 feet long were measured at an accident scene. A test skid made 20 miles per hour showed 20 feet long skid marks. It was argued in court that with skid marks 20 feet long from a speed of 20 miles per hour, the car must be going 80 miles per hour to leave 80 feet skid marks. The driver was unjustly convicted. His actual speed was more nearly half of that, or 40 miles per hour. SKIDMARKS AS EVIDENCE IN ACCIDENT CASES Skid marks are useful in several ways: 1. Aid in determining the speed of the car prior to the accident or collision. 2. It will show if the vehicle was travelling in the wrong distance or on the wrong side of the road. 3. It will indicate if the driver failed to observe the right of way. 4. It will also show if the driver did not obey a traffic signal. SKIDMARKS DO NOT SHOW ALL THE SPEED Skid marks never show all of the speed of a car before the accident happened. They show only how far the car would have had to slide to stop in the distance shown by skid marks. Evidence of additional speed. A car is somewhat going faster and often faster is calculated from skid marks because in addition to losing speed is sliding the distance shown by the skid marks, the car also losses some of its speed on one or more of the following ways: 1. SLIDING WITH ONE OR MORE WHEELS BEFORE ANY SKIDMARKS BEGIN TO APPEAR. Dark clear skid marks do not appear until the tires have slid far enough to got hot enough to smear rubber or scar on the pavement. This is less true on such materials as gravel and dirt. 2. BRAKING WITHOUT SKIDDING Before sliding begins During gaps After marks and before the car comes to rest Usually, braking just the wheels start to slide actually shows the car more than after the wheels starts to slide. 3. DRAGGING THE CAR AS IT HITS SOME OBJECT The crumpling ands mashing some of parts of the car slows the car down rapidly.
- 94. www.rkmfiles.net 94 4. DAMAGING OTHER CARS OR OBJECTS 5. SLIDING OTHER CARS OR OBJECTS ALONG THE ROADWAY. 6. VAULTING OR BOUNCING UP INTO THE AIR. In many accident of course, other is evidence of terrific speed is the WRECKAGE (EXTENT OF DAMAGE), but there are no skid marks at all because brakes were not put on hard enough to lock the wheels. In an accident in which brakes are put on just before contact of vehicles, the skid marks maybe only two or three feet long and therefore, show a speed of only five or six miles per hour. Whereas, the wreckage tells us that the total speed may have been ten times as great. In accident in which most of the speed is lost in skidding, the speed calculated from skid marks may come close to showing how fast he car was actually going. Accidents involving pedestrians are the most common ones of this kind. In any accident in which great damage was done will skid marks show more than small part of the speed, often a very minor part of it; but if the skid marks have been rightly identified and measured, it 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 How far a car will take to skid or slide to stop when all four wheels are locked depends on many things. Three of these factors are important, and you must consider them in every estimate of speeds based on skid marks. 1. SPEED ITSELF IS BY FAR THE MOST IMPORTANT 2. SLIPPERINESS OF THE PAVEMENT 3. GRADE OR SLOPE OF THE ROAD UP OR DOWN. Every driver knows, of course, that it takes much longer to stop on pavements that are slippery, and that he can stop more quickly on an upgrade than downgrade road. Of many other factors on which distance depends, none has had a very great effect. Most of them will affect a calculated speed by only a few miles per hour. They therefore have a little effect on the speed calculated form the skid marks usually not more than a couple of miles per hour. Among those other factors are the following: 1. BRAKE PEDAL PRESSURE When wheels are actually sliding, additional brake pedal pressure will not make the stop any quicker. Once the wheels have been locked and the car is sliding, the brakes have done all they can in slowing the car and the grab of the pavement on the tires is what determines how fast the car will slow down. 2. WEIGHT OF THE CAR Makes a great difference in stopping distance before the wheels lock, but once they have locked, it makes a very little difference. It is true that it takes much greater pressure to lock the wheels on a vehicle when it is heavily loaded than it is empty. However, when the wheels are once locked, a greater weight of the vehicle, which gives it greater momentum, also causes it to press harder on the road surface and therefore, give it a corresponding greater drag from the pavement.
- 95. www.rkmfiles.net 95 3. TIRE TREAD On the most ordinary surfaces, a smooth tire and one with a deep tread pattern will stop the car in about the same distance. On some other surfaces, particularly on ice, a smooth tread is better because it distributes the weight over greater area. 4. AIR PRESSURE Makes a very slight difference in stopping distance. On ice, for example, soft tire will distribute the weight a little more and give somewhat better traction. 5. TIRE MATERIAL There is a slight difference between tires made of synthetic and those made of natural rubber. 6. ROAD SURFACE Of surfaces such as mud, snow, and on ice, tires equipped with chains have a better road- gripping capacity. On some hard pavements, however, chains may decrease road gripping capacity. 7. DIRECTION OF SLIDES Makes a slight but unimportant difference. A tire will lengthwise except in materials so soft that it ploughs or sinks. 8. TEMPERATURE OF THE AIR AND ROAD SURFACE Make some difference. In general, on ordinary pavements, hot weather produces longer stopping distance. This is not necessary on ice and snow. 9. AGAINST A HEAD WIND A car will slide a little farther from given speed with a tall wind than against a head wind, but this is not a matter of great importance. For most ordinary purposes, you do not have to consider those minor factors in establishing speeds from skid marks. SPEED ESTIMATES Because the minor factors are neglected, we can not calculate speeds precisely. We only estimate them. Some of the minor factors would tend to give a higher speed and others a lower speed, and they would partly balance or cancel out. Sometimes all of the factors tend to give a high estimated speed. Remember, in this connection, that skid marks do not show all of the speed and therefore, the probable actual speed is still greater than your estimate. FACTS NEEDED To make a reasonably good estimate of speed, certain facts are needed. There must come from observations and measurements at the scene of the accidents. The accuracy of ht estimate or calculation depends upon the accuracy of these observations and measurements.
- 96. www.rkmfiles.net 96 LENGTH OF SKIDMARKS Consider the following: 1. Be sure they are skid marks – not just tire marks. 2. Did all wheels slide or just some of them? It makes little difference if tire is sliding forward or sidewise. 3. Are there any gaps in the skid marks? Be sure there are gaps caused by a release of brake pedal pressured and not skids caused by bounced. 4. What is the length of each skid marks around any curves; it may not make straight from beginning to the end in the shortest line. You may want to consider two separate lengths for each skid marks. One of these is based on the part of the skid mark you can positively identify. It gives you speed which will be minimum beyond reasonable doubt. The others is a possible skid mark which will give you a more likely speed. The first is all you can use in court, the second is often much useful in figuring out just what did happen in the accident. 5. Use the length that the wheel skid, not the tire slid. Dual tires 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. There are two ways of figuring the length of a slide if all on the same kind of pavement. These are: 1. STRAIGHT LINE A slide is considered straight if both rear-wheel skid marks do not go off to one side of the front wheel skid marks. Use the length of the longest skid mark left by any wheel minus gaps in it. This method is possible because all wheels slide about the same distance. We know that the brakes definitely have been applied throughout the entire distance of the longest skid mark. If one wheel does not slide as far as the others, still it was about to slide when the others began. The drag on the pavement by this wheel is about the same just before it begins to slide as when it is actually sliding. It may even be greater. Therefore, we are usually safe in saying that all wheels are dragging as mush as if there were sliding wheel skid applies to motorcycles, trucks, truck and trailer combinations, and buses as well as ordinary motor vehicles. 2. SPIN A slide is considering a spin if both rear wheel skid marks do get off to one side of the front wheel skid marks. Take the length of 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 case of the spins, because some of ht wheels slid much farther than other; that is, one end of the car may practically stand still while the other sweeps around it. Use this method only when there is about the same weight on front and rear wheels; that is usually for ordinary cars, motorcycles, and light trucks with trailers or heavily loaded trucks having duel tires on the rear wheels. Uneven weight with a spin is a situation, which requires special calculations. This method gives you a figure for the sliding distance of the vehicle. It is not necessary to compute it more accurately than to the nearest foot. For this length you may have two figures, one a positive distance and one a possible distance.
- 97. www.rkmfiles.net 97 Unfortunately, many investigations are carelessly made. For example, investigators may: 1. Fail to show whether all wheel slid. 2. Fail to include in the sliding distance a skid shown by a shadow as well as that more clearly shown by the smear of the hot fire. 3. Neglect to note whether they are gaps in any of the skid marks. 4. Show only an overall length without separate measurements for each wheel. This usually includes the wheel base of the car with the result that the sliding distance appears to be length longer than it really is. 5. Fail to note whether the skid marks are straight or a spin. 6. Measure straight across from beginning to the end of a curve skid marks rather than around its length. If the facts are not all there, assumptions should have to be made about the distance the car slid. For legal purposes, you may assume only what may be true beyond responsible doubt. Hence, poor observations and measurements often leave you little value to go on. Nevertheless, reasonable assumptions regarding conditions which more definitely observed in investigations may be very helpful in coming to a conclusion about what probably happened. 1. COEFFICIENT OF FRICTION – DRAG FACTOR It is the measurement of the maximum frictional resistance of pavements. It is equal to the force exerted when the wheels are skidding divided by the weight of the car. Slipperiness of surface must also be known in order to calculate speeds from skid marks. We tell what this slipperiness by a number, usually decimal less than 1.00. When any object is sliding, the surface it slid on puts a friction drag on sliding tire that slows the car. A slippery movement creates a small friction drag and an abrasive pavement a big drag. If we divide the amount of friction drag in pounds by the weight of the car in the pounds, we get the number that describes the slipperiness. EXAMPLE: The drag of the pavement on the sliding tires of an automobile is 3, 000 lbs.. The automobile weights 4, 000 lbs.. The number representing the slipperiness of the pavement, or its friction drag, is then 3, 000 divided by 4, 000 or 0.75. This friction drag factor or slipperiness number is called technically the “COEFFICIENT OF FRICTION”. You can measure the drag factor of a pavement by making a test skid which tells how far a car slides on that pavement while stopping from a known speed. The drag factor or coefficient of friction can be determined by use of a formula. If we let “S” stand for the speed in miles per hour from which the test skid is made and “D” the distance in feet that car slides in coming to stop, then the drag factor, which we call “F” will be: F = S2 / 30 (D)
- 98. www.rkmfiles.net 98 The “30” is the formula because speed is given in miles per hour and the distance in feet (transformation of feet per second to miles per hour). It is called a constant because it stayed the same in all problems for which the formula is used. Thus, to find slipperiness number, F, we multiply this speed by itself and then divided by 30 times the stopping distance. You do not need to carry the division out more than two places to the right of the decimal point. EXAMPLE:: On a test to measure pavement slipperiness, a car was stopped in 40 ft. from 30 miles per hour. Substituting these numbers for the letters representing them in the formula, and doing the arithmetic involved, we have: F = S2 / 30 (D) = 302 = 900 / 30 (40) = 0.75 / 1, 200 Using a chart, which was especially designed to represent this formula, is much easier than doing the arithmetic for it. To use it: 1. Locate the test stopping distance on the D scale at the left. 2. Locate the test speed on the S scale in the middle. 3. Draw a straight line through these two points and extend to the right until it crossed the F scale at the right. 4. Read the friction drag on the F scale. It is very important that the test skids to measure pavement slipperiness be correctly made. You are unlikely to do it right without special instruction or experience. At least two skids are desirable. Compute the slipperiness separately for each. Unless there are within 0.05 each other friction calculated from any of several test skids made on the same paving. 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 accident are the best. They thus take care of some o the minor factors such as the weight of the car, the tire material, the tread pattern, tire pressure and therefore , make the estimate more reliable. 2. GRADE FOR SLOPE (GRADIENT) So far, we have been talking only about level roads. You can 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 grad of the road should also be considered. Grade is measured by a number that is also usually less than 1.00. The measure of the grade is the number of the feet that the road rises or falls for each feet of the horizontal distance. To find it, divide the vertical rise or fall by the horizontal distance. It is not necessary to carry this divisions more than two places to the right of the decimal. USE THIS FORMULA: f = horizontal distance / vertical rise or fall
- 99. www.rkmfiles.net 99 Possible ranges of pavement Drag Factors for rubber tires. The drag factor or coefficient of friction of a pavement of a given description may vary considerably because quite a variety of road surfaces maybe described in the same way. Some of these variations are due to the weight of the vehicles, air pressure in the tire, treated design, air temperature, speed and some other factors. REACTION TIME This is the distance traveled before applying the brakes: a. Divide seconds in an hour (3, 600) into feet in a mile (5, 280) = 1, 467. b. To determine distance you will travel in one second, multiply 1.467 (1.47 or 1.50) times the speed which you are traveling. c. Time to get foot off the accelerator and slam it on the brake is ¾ of a second on the average. The age of the driver should be considered. d. 1.5 x speed = length in feet covered before brake works for you. PROCEDURE FOLLOWED BY THE PNP a. The officer submits as evidence in a case the measurements of the skid marks and the Court interprets the facts in the light of other evidence. 1. Some courts require the assistance of an expert. 2. Measurements should be accomplished by two men. 3. Sketches and photographs with measurements indicated should be made soon after the accident. b. Some police departments have their officers skid a vehicle to a stop from the legal speed limit, if this can be done safely, and compare the skid marks with those in the accident. c. Some would draw conclusions from tests on physical calculation. MEASUREMENT OF SKIDMARKS a. Should meet legal standards. Officers measuring the skid marks and the distances to embankment of other fixed constructions should verify each other’s measurements so that they can corroborate each other’s testimony in court. b. Evidence should be presented to show that the skid marks were made by the suspect car. c. Witnesses should testify in court. BASIC PRINCIPLES IN CALCULATING SPEEDS FROM SKIMARKS: Energy and vehicle speed. An automobile moving at any speed possesses energy. As the speed of the vehicle increases, the resulting energy developed is said to increase as the square of the ration of the increase in speed. EXAMPLES: 20 kph = 40 30 kph = 90 40 kph = 160
- 100. www.rkmfiles.net 100 STOPPING A MOTOR VEHICLE Whenever a moving vehicle is stopped, the energy that it possesses at that time must be expended or spent. It is only when most or all of the vehicle’s energy is expended through skidding of tires that a fairly accurate calculation may be made of the vehicle’s speed before the accident. TEST RUNS In making calculations for speeds from skid marks, it is often necessary to conduct one or more test runs, using the vehicle involved in the accident or, if it cannot be driven, another vehicle of similar characteristics may be used. a. Conditions should be the same as those existing when the accident occurred. The character of the road, whether wet or dry, should be the same. b. Conduct tests on the same road surface and in the same direction. c. The vehicle’s speedometer should be checked, and any difference from accurate calibrations should be noted. d. A speed consistent with safety, such as 20 or 30 miles per hour, should be selected for the test run. e. Brakes should be applied suddenly and as hard as possible when the car is moving at the selected test speed. f. The length of each skid mark should be measured. g. If a brake detonator is available, the total braking distance should be accurately determined using such equipment, either mechanically or electrically operated. h. Generally, it is advisable to conduct two or three tests at the selected speed. The test producing the longest braking distance, that which favors the defendant most, is generally used in the calculation. i. To avoid possible differences in the application of brakes by the driver, it may be advisable to have the driver of the accidents vehicle drive the car in the test runs. SPEED CALCULATION a. When a vehicle is stopped solely by skidding, it is possible to calculate the speed of the vehicle at the beginning of the skid by using the formula based on the principle that the skidding or braking distance vary as the square of the speed. FORMULAS USED IN FINDING SPEED ESTIMATES: The following are some of the formulas being used in conducting reconstruction, particularly the speed estimates (mph) to wit: 01. S = 5.5 . / DF = (speed on a level road) 02. S = 5.5. / DF = uphill or downhill 03. D = S2 / 30 F = Skid marks 04. F = S2 / 30 D = Drag Factor WHERE: S = speed (mph) F = coefficient of friction (drag factor) f = grade (1, 2, 4) or super elevation D = distance (feet) b. When accident vehicle cannot be driven. When the vehicle is damaged so badly that if cannot be driven, part of the vehicle’s energy is expended in damaging the car and the object struck.
- 101. www.rkmfiles.net 101 A calculation of speed form skid marks left under these circumstances gives a speed based only on the amount of energy expended in the skidding. Consequently, the resulting speed value may be considerably less than the actual pre-accident speed, since it is not possible to determine how much farther the vehicle would have skidded had there been no collision. HIT AND RUN ACCIDENT INVESTIGATION The objectives of the investigation of motor vehicle accident involving the flight of one of the participants in are two fold. First, responsibility for the collision must be determined and secondly, the identity of the driver of the vehicle who fled the scene must be established. What is Hit and Run Case? Evading responsibility is a term commonly applied to a traffic accident in which a driver fails to comply with any of the duties required (Sec. 55 of RA 4136). Further, it states that no driver of a motor vehicle concerned in a vehicle accident shall leave the scene of the accident without aiding the victim, except under any of the following circumstances: a) If the driver is imminent danger of being seriously harmed by any person or persons by reason of the accident; b) If the driver reports the accident to the nearest officers of the law; or c) If the driver has to summon a physician or nurse to aid the victim. TWO IMPORTANT CONSIDERATIONS In any investigation of this kind of accident, two basic considerations must be kept in mind. These are: a) The driver who flees the scene of an accident is not necessarily the driver responsible for the accident. His reason for flight are often more important than the simple evasion of responsibility. He may be wanted for another crime, or intoxicated, or without a valid license, etc. b) The hit-and-run driver often will report the damage to his own vehicle as having been the result of another hit-and-run accident in which some “other mysterious driver” fled without identifying himself. Similarly, it is not unusual for the hit-and-run driver to abandon his vehicle and then report it stolen as a means of covering up his involvement in the accident. As stated earlier, the basic objectives of these investigations are the identification of the driver who fled the scene. The discovery and arrest of the driver, once identified generally comes after the location and of the vehicle. However, the mere recovery of the vehicle does not always immediately establish the identity of the driver. ELEMENTS OF HIT-AND-RUN CASES a. You must prove suspect was driving the vehicle at the time of the accident. Even if you have witnesses to prove this, get evidence to disprove his alibi. b. Suspect was involved in an accident resulting in death, personal injury or damage to property. c. Suspect failed to stop, give aid or information as to his identify to other person (s) involved, to police or to anyone at the accident scene; or failed to take reasonable steps to notify the owner of damaged property other than a vehicle. Do not overlook the possibility of a simulated second accident to explain damaged caused by the first accident. d. Suspect had knowledge of the accident. 1. Physical evidence may prove the vehicle figured in the accident.
- 102. www.rkmfiles.net 102 2. Extent of damage to vehicle. Extensive damage to vehicle would preclude allegation of lack of knowledge. If suspect refrained from using his vehicle for several days since the accident, this would also indicate the guilt. 3. Guard against claims that the vehicle was stolen to evade responsibility. CLASSES OF HIT-AND-RUN DRIVERS a. Drunk drivers b. Criminals fleeing from the scene of the crime. c. Improperly licensed drivers, or drivers with no license or with revoked or expired license. d. Drivers who fear publicity and prosecution. e. Ignorance of the accident. f. Driver who flees in panic g. Drug addicts. h. Insurance or financial reasons. i. Juveniles. PRELIMINARY STEPS a. Refer to checklist on Accident Investigation. b. Obtain the best possible description of the car and driver. 1. A good description may be obtained from partial descriptions given by witnesses. 2. Get the license plate and any unusual features of the vehicle. 3. Concentrate on the car’s description first 4. Dispatch initial description and all subsequent information to the Headquarters and to police agencies that may assist in spotting and stopping the suspect vehicle. 5. Broadcast descriptions of the suspected car and river to all police units and offices. 6. Try to determine the damage to the feeling car. c. Appeal for information through local newspapers, radio, T.V., etc. d. Carefully search the hit-and-run scene for physical evidence. 1. These may include broken glasses and fragments, hubcaps, paint scrapping from hit- and-run car, other evidence such as dirt from subject car, radiator ornament, etc. 2. Carefully preserve and label all evidence found at the scene. 3. Request laboratory study of evidence. 4. Watch out for the possible return of the hit-and-run driver to the scene of the accident. This has been known to happen. e. The Victim 1. Check his clothing; other parts of his body, tire marks, grease, paint chips, fragments, and such things that might have been left on him by the suspect car. 2. If the victim is killed, get samples of uncontaminated blood from him at the morgue and samples of hair, skin, etc. 3. Collect and preserve for laboratory examination, the clothes, shoes, and other items he was wearing at the time of the accident.
- 103. www.rkmfiles.net 103 DRUG EDUCATION AND VICE CONTROL (NARCOTICS INVESTIGATION) Definition of Terms Drug – is a chemical substance used as medicine or in the making of medicines, which affects the body and mind and have potential for abuse. Chemical – is any substance taken into the body that alters the way and the mind and the body work. Chemical Abuse – is an instance when the use of chemical has produced negative or harmful consequences. Narcotic Drug – refers to illegally used drugs or dangerous drugs, which are either prohibited or regulated drugs. It also refers to drugs that produces sleep or stupor and relieves pain due to its depressant effect on the CNS. The term Narcotic comes from the Greek word “narcotikos”. It is sometimes known as “opiates”. Drug Abuse – is the illegal, wrongful or improper use of any drug. Drug Addiction – refers to the state of periodic or chronic intoxication produced by the repeated consumption of a drug. Drug Dependence – refers to the state of psychic or physical dependence or both on dangerous drugs following the administration or use of that drug. WHO defines it as the periodic, continuous, repeated administration of a drug. Physical Dependence – an adaptive state caused by repeated drug use that reveals it self by development of intense physical symptoms when the drug is stopped (withdrawal syndrome). Psychological Dependence – an attachment to drug use that arises from a drug ability to satisfy some emotional or personality needs of an individual. Tolerance – is the increasing dosage of drugs to maintain the same effect in the body. Pusher – any person who sell, administer, deliver or give away to another, distribute, transport any dangerous drug. Use - the act of injecting, consuming, any dangerous drugs. The means of introducing the dangerous drug into the physiological system of the body. Administer – the act of introducing any dangerous drug into the body of any person with or without his knowledge. Manufacture – the production, preparation, compounding or processing a dangerous drug either directly or indirectly or by extraction from substances of natural origin or by chemical synthesis. Drug Experimenter – one who illegally, wrongfully, or improperly uses any narcotic substances for reasons of curiosity, peer pressure, or other similar reasons. Drug Syndicate – It is a network of illegal drug operations operated and manned carefully by groups of criminals who knowingly traffic through nefarious trade for personal or group profit. Drug Abuse Jargons “Opiate” - Narcotic “On-the-Nod/ “Nodding” - the state produced by opiates like being suspended on the edge of sleep. “Mainline’/ “to shoot” - injecting a drug into the vein “A Hit” - the street slang for injection of drugs “Work” - an apparatus for injecting a drug “A Fix” - one injection of opiate “Juni” - heroin “Junkie” - an opiate addict “Skin popping” - to inject a drug under the skin “A Bag” - a pocket of drug “Cold Turkey” - the withdrawal effect that occurs after a repeated opiate use “Track” - scars on the skin left from the repeated injection of opiate “Overdose” - death occurs because the part of the brain that controls breathing becomes paralyzed. “Speed” - amphetamines “Speed Freaks” - amphetamine addicts “Uppers” - street slang for amphetamines
- 104. www.rkmfiles.net 104 “Rush” - the beginning of a high “High” - under the influence of drugs “Coke” - street slang for cocaine “Flashback” - user can be thrown back into the drug experience months after the original use of drug. “Acid” - slang term for LSD “Acid Head” - LSD user “Drop” - taking drug orally “Joint” - an MJ Cigar “Roach” - butt end of a joint “Stoned” - the intoxicating effect of a drug “Trip” - the name for the reaction that is caused by drugs “Head” - drug user “Downer” - street slang for depressant WHAT ARE DRUGS? A drug, as defined, is a chemical substance used as a medicine or in making medicines, which affects the body and mind and have potential for abuse. Without an advice or prescription from a physician, drugs can be harmful. Hundreds of pure chemicals have been developed plants and put into pills, capsules or liquid medicines. There are also two forms of drugs, natural and synthetic/artificial. The natural drugs include natural plant leaves, flowering tops, resin, hashish, opium, and marijuana, while the synthetic drugs are produced by clandestine laboratories which include those drugs that are controlled by law because they are used in the medical practice. Physicians prescribe them and are purchased in the legitimate outlets like drugstores. Drugs also help a person’s body and mind function better during an illness. But drugs have to be taken correctly in order to do these things. The wrong drug or the wrong amount of the right one can make an illness, worse, destroy blood cells, damage the body and many cause death. For this reason, most drugs can be legally purchased only with doctor’s written order called prescription. Only a medical doctor can prescribe medicinal drugs. These drugs could be dangerous and must be used with care, according to the doctor’s prescription. He gives direction on how much medicine to take and how often. The practice of taking drugs without proper medicinal supervision is called the non-medical use of drugs or drug abuse. A. THE PRESCRIPTIVE DRUGS These are drugs requiring written authorization from a doctor to allow a purchase. They are prescribed according to the individual’s age, weight and height and should not be taken by anyone else. It is a personal requirement and self-medication that should be strictly avoided. The pharmacist should never allow the consumer to request them knowingly without first consulting a doctor. Once again strict emphasis of following directions needs to be stated. In addition to dosage, the physician indicates both when and for how long the medicine should be taken. Theses directions are intended to safeguard the patient from needlessly treating himself after his illness has been brought under control or from prematurely stopping a drug because he thinks he is well. Since the chemistry of the body is subtle and variable, only a physician should have the responsibility of prescribing and directing the use of drugs in the treatment of illnesses. B. THE OVER - THE COUNTER - DRUGS (OTC) These are non-prescription medicines, which may be purchased from any pharmacy or drugstore without written authorization from a doctor. They are use to treat minor and short term illnesses and any persistent condition should be immediately referred to a physician. It should be strongly emphasized that “directions” be closely followed and all precautions necessarily taken to avoid complications. OTC drugs are used for the prevention and symptomatic relief of minor ailments. The precautions that must be observed when dispensing OTCs are the following: 1. the correct drug with the correct drug content is given to the correct patient in the correct dosage form;
- 105. www.rkmfiles.net 105 2. the pharmacist must counsel the patient to make sure that he/she takes the drugs correctly; and 3. the pharmacist must be aware of and know about the possible toxicity’s possessed by the OTC drugs to avoid food/drug incompatibilities and overdoses. OTCs must be used discriminately: 1. To avoid the dispensing of OTC to known identified habitual drug users. 2. To avoid complications, this is done by inquiring from the buyer of the drugs as to the identity of the patient, the patient’s age and other information such as pregnancy, hypertension, etc. 3. Counseling the patient so as to avoid the “self-medication” syndrome by inquiring about the buyer’s source of information about the drug. C. The “Self-Medication Syndrome” The “self-medication” syndrome is found in users and would be users of drugs whose sources of information are people or literature other than doctors, pharmacists and health workers. These could be members of the family, relatives, and/or neighbors, all of whom may have previously used the drug for their specific disease or disorder. Self- medication may work against the good of the user because it can lead to intoxication and other adverse reactions. Possible outcomes of self-medication are: 1. Adverse reaction towards the drug, such as allergies that may be mild or severe. 2. Possible non-response of the patient to the drug effectively due to incorrect drug usage. 3. Possible drug toxicities, through over dosage which may lead to severe reactions such as nausea, vomiting, rashes, etc. 4. Possible habit-forming characteristics due to periodic use of the drugs even when such are no longer needed. HOW DRUGS WORK? Most drugs act within a cell, rather than on the surface of a cell or in the extracellular fluids of the body. Similar to normal body chemicals, a drug enters a cell and participates in a few steps of the normal sequence of a cellular process. Thus, drugs may later, interfere with or replace chemicals of normal cellular life, hopefully for the betterment of the person. The actual action of a particular drug depends on its chemical make-up. When two drugs are taken together or within a few hours of each other they may interact with unexpected results. This is one reason a physician should always know the names of all drugs one is using. A dose of a drug is the amount taken at one time. The doses taken become an extremely important part of drug abuse. The amount of drug in a dose can be described as: 1. Minimal dose – amount needed to treat or heal, that is, the smallest amount of a drug that will produce a therapeutic effect. 2. Maximal dose – largest amount of a drug that will produce a desired therapeutic effect, without any accompanying symptoms of toxicity. 3. Toxic dose – amount of d rug that produces untoward effects or symptoms of poisoning 4. Abusive dose – amount needed to produce the side effects and action desired by an individual who improperly uses it 5. Lethal dose – amount of drug that will cause death
- 106. www.rkmfiles.net 106 HOW DRUGS ARE ADMINISTERED? The common methods of administration are the following: 1. Oral – this is the safest most convenient and economical route whenever possible. There are however, drugs, which cannot be administered this way because they are readily destroyed by the digestive juices or because they irritate the mucous lining of the gastro-intestinal tract and induce vomiting. 2. Injection – this form of drug administration offers a faster response than the oral method. It makes use of a needle or other device to deliver the drugs directly into the body tissue and blood circulation. 3. Inhalation – this route makes use of gaseous and volatile drugs, which are inhaled and absorbed rapidly through the mucous of the respiratory tract. 4. Topical – this refers to the application of drugs directly to a body site such as the skin and the mucous membrane. 5. Iontophoresis – the introduction of drugs into the deeper layers of the skin by the use of special type of electric current for local effect. THE CONCEPT OF TOXICOLOGY A drug may cause effects because of any of the following: 1. Overdose – when too much of a drug in taken, there may be an over extension of its effects. 2. Allergy – some drugs cause the release of histamine giving rise to allergic symptoms such as dermatitis, swelling, fall in blood pressure, suffocation and death. 3. Idiosyncrasy – for unexplained reasons, morphine, which sedates all men, stimulates and renders some women some maniacal. Perhaps the phrase “catty woman” has pharmacological basis since most mammals are sedated by morphine but some cats become extremely excited by it. 4. General Protoplasmic Poison Property – drugs are chemicals and some of them have the property of being general protoplasmic poisons. 5. Side Effects – some drugs are not receptors for one organ but receptors of other organs as well. The effect in the other organ may constitute a side effect, which is unwanted. THE MEDICAL USE OF DRUGS The best use of medicine depends upon the physician, the user or patient, and lastly, the pharmacist. This idea was subscribed to by both Metro Manila Physicians (PNC Health Education Survey, 1983) and the Pharmaceutical Manufacturer’s Association of Washington, D.C. (U.P., MEC, DDB 1979). Their common agreements on the intelligent use of drugs are presented below. 1. Take medicines on doctor’s advice. In prescribing medicine, the doctor considers factors like age and weight, prevalent signs and symptoms, severity of the disease, results of laboratory examinations, route of administration tolerated by patient, and presence of impairment in the organ or system. The physician has always a reason for his orders. 2. When taking prescribed medicines, remember carefully the dosage, manner of administration, frequency and time when to take it. Patient must not trust his memory when taking medicine. The label of the medicine should be read three times – once when medicine id remove from cabinet, again before medicine is taken and a third time after it is taken. Medicine should not be taken in the dark even if patient knows its location. 3. If patient goes to more than one doctor, each one of them must know about all the drugs being taken. 4. Avoid self-medication. Patient should not try to guess what is wrong with him or to select his own medicines even if his symptoms seem to be familiar to those of his neighbor. 5. Report any untoward effects of medicine to the physician. After taking medicine, tell the doctor if any symptoms develop. 6. Patient should not take additional drugs without asking his physician. 7. See whether the medicine has expired or not. 8. Be sure that the label stays on a prescription container until all is used. 9. Store medicine in a safe, cool and dry place and out of reach of children.
- 107. www.rkmfiles.net 107 10. Some people just purchase and use common drugs without knowing their functions and contradictions. Thus, instead of being relieved of some symptoms, their conditions are aggravated. Physicians share the same opinion that the following drugs are better used under medical supervision to avoid harmful consequences and habit formation. 11. Analgesics relieve pain. However, they may produce the opposite effects on somebody who suffers form peptic ulcer or gastric irritation. 12. Antibiotics combat or control infectious organisms. Ingesting the same antibiotics for a long time can result in allergic reactions and cause resistance to the drug. 13. Antipyretics can lower body temperature or fever due to infection. 14. Antihistamines control or combat allergic reactions. People who on antihistamine therapy must not operate or drive vehicles since these drugs can cause drowsiness. 15. Contraceptives prevent the meeting of the egg cell and sperm cell or prevent the ovary from releasing egg cells. Pregnant women must not take birth control pills to avoid congenital abnormalities. This advice also applies to women suffering from heart disease, varicose veins, breast limps, goiter and anemia. The effectiveness of oral contraceptives may be reduced when taken with antibiotic. 16. Decongestants relieve congestion of the nasal passages. Prolonged used of these decongestants might include nasal congestion upon withdrawal. 17. Expectorants ease the expulsion of mucus and phlegm from the lungs and the throat. They are not drugs of choice for the newborn that does not know to cough the phlegm out. 18. Laxatives stimulate defecation and encourage bowel movement. They should not be given to pregnant women and those suffering from intestinal obstruction. Taking purgatives (stronger than laxatives) unnecessarily might result in rupture of the intestines or appendix if there is an obstruction. Constant use might make the intestines sluggish. 19. Sedatives and tranquilizers calm and quiet the nerves and relieve anxiety without causing depression and clouding of the mind. Precautions must be taken in the use of tranquilizers since they can cause impairment of judgement and dexterity. 20. Vitamins are food substances necessary for normal growth and development and proper functioning of he body. A person who eats a balanced diet does not need supplements. If they are found necessary, vitamin preparations should be taken with meals. Vitamins should be treated as drugs since the body does not manufacture them. Excessive dosage of vitamins A and D can be dangerous and harmful to health. Excess of vitamin D can lead to nausea, diarrhea, and weight loss, calcification and heart and kidney troubles. Too much vitamin A might result in symptoms of a disease of the liver. HISTORY OF DRUG ABUSE The Holy Bible is a very reliable source in tracing the early use and abuse of narcotics. The Book of Judges of the Old Testament revealed that the mighty Samson was put to sleep by Delilah by means of a drug-laced wine before cutting his hair, the source of his strength, and subsequently gouged his eyes before the feasting Philistines already “high spirited” with narcotics mixed with intoxicants. There are also many allusions of drug abuse in the old cities of Sodom and Gomorrah, which might have led to the widespread adultery, bestiality and incest (Sotto, 1994). Ancient Greek and Roman literature likewise are replete with stories alluding to drug abuse, as in the lamentable and tragic romance of Mark Anthony and Cleopatra. Cleopatra, in desperation over her disprized love drank a narcotic-laden wine before allowing her self to be bitten to death by a poisonous asp from the River Nile. Even in the practice of oracles and black magic during the Roman ancient times were believed to be accomplished by “narcotics”(Sotto, 1994). Historians credited that marijuana (Cannabis Sativa) is the world’s oldest cultivated plant started by the Incas of Peru. Peruvian and Mexican Incas have also the common practice to use the coca leaves during religious offering ceremonies. It was also known that marijuana was a “sacred tree” in the belief of the Assyrians being used during religious rituals – some 9,000 years B.C. The use of marijuana is also deeply ingrained in the cultures of many countries such as India, Jamaica, Morocco, Nepal, Mexico and Peru (Sotto, 1994). The first reference of introduction was in Northern Iran as an intoxicant. And from there it spread throughout India by the Hindus used for religious rituals in the belief that it is a source of happiness and “laughter provoker”. The word “hashis” (resin) of the Marijuana plant
- 108. www.rkmfiles.net 108 was derived from the name Hasan or Hashasin, the Muslim cult leader who fed his disciples a preparation made from the resin of the female hemp plant as a reward for their successful activities in assassinations. American Indians too are believed to use not only the stimulant tobacco but also opium in their peace pipes in order to “narcotize” an oppositionist to their common objectives (Sotto, 1994). Knowledge on the opium poppy plant (Papaver Somniferum) goes back about 7000 years B.C cultivated and prepared by the Summerians. Even the ancient Greek physician Hippocrates, the Father of Medicine, prescribed the juice of the white poppy plant as early as 5,000 B.C in the belief that it can cure many illnesses both in the internal and external use. The plant was first harvested in Mesopotamia and its use spread through out the neighboring Mediterranean areas, then to Asia. From there, it was introduced to Persia, India and China by the Arab came caravans (Dungo, 1988). Opium use in China was stemmed out from India and became widespread in the 19th Century. From Middle East, the plant was cultivated in India, Pakistan and Afghanistan. Five centuries later, An Opium trade between China and Portuguese merchants became a lucrative business. The British took over the trade from the Portuguese and established the Opium Trade Monopoly through the British East Indies Company. In an Attempt to stop the extremely high rate of opium addiction in China, Emperor Yung Chen prohibited the smoking of opium and attempted to close ports for its importation. This triggered the “opium war” of 1840 which induced China to accept the British sponsored opium trade and forced to sign a treaty permitting the importation of opium intro China after her defeat. It was in 1806 that a German pharmacist in the name of Friedrich W. Serturner discovered Morphine, the first derivative of opium. He called this new drug as “Morphium” and later changed to Morphine after the Greek god of dream, Morpheus. This was the first attempt to cure opium addiction. But morphine addictive properties came to prominence during the American Civil War vast numbers of American soldiers became addicted to the drug – so much so that morphine addiction became known as “soldiers disease”. The second attempt of treating opium and morphine addiction started in 1896 when Heroin (Diacetylmorphine), synthesized from the drug morphine, was discovered by a British chemist in the name of Alder Wright. It was called the “miracle drug” because it is believed that it can cure both opium and morphine addiction. It was named after the word “hero” due to its impressive power. So physicians began to use heroin but it became a substitution of one addiction to another. It turns out later that heroin is the most addictive of all drugs. Meanwhile, codeine, the third derivative of opium was discovered in France while in the process of discovering other drugs that could cure opium, morphine and heroin addiction but it also ended in the same tragic result. Today, it is widely used as an ingredient in most cough syrup. There are of course other historical events that would reveal drug abuse in the history of man, the greatest influence of the modern medical practice today. In fact, physicians all over the world still consider narcotics as the most effective pain reliever (Sotto, 1994). HISTORY OF DRUG ABUSE AND ADDICTION IN THE PHILIPPINES Very little known about drugs in the Philippines during the pre- Spanish era. The intoxicants and stimulants used by the early Filipinos were fermented alcoholic beverages and the masticatory preparations known as “nga-nga” in vernacular. Narcotics, including marijuana, were not in the list of vices in the country at that time. The opium poppy plant and the coca bush were absent in the Philippine vegetation prior to 1521. During the Spanish era, drug control laws prohibited the use of opium by the native Filipinos and other people except the Chinese. Chinese residents in the Philippines particularly in Manila and of the more distant Chinese pariahs (ghettos) started smoking opium in 1780. As a vice, it was not widespread and was particularly accepted and tolerated by the authorities. In 1844, The Spanish colonial government laid down an opium monopoly, which entitled the importation by the Spanish government and its sale to Chinese users. At this period, opium smoking became
- 109. www.rkmfiles.net 109 widespread among Chinese as its use was forbidden to Indians, Mestizos and the Filipinos. This compromise policy lasted up to 1896, a period of revolt and insurrection. The Americans took over the rule of the country, and after establishing a civil government in 1901, a systematic survey was conducted and it was found out that there were 190 joints where the Chinese smoke opium. It was observed that the habit had not yet gained foothold among Filipinos. In 1906, partial legislation allowed Chinese addicts to obtain a license to use opium in their homes for a fee of P5.00. The opium sale was under the government control and the quality was limited. In 1908, the total ban of opium was effected. The campaign continued until the Japanese occupation in 1946, at which point all supplies of opium were cut of from the country and during that period the number of opium addicts was probably the lowest in Asia. In 1953, Republic Act No. 953 was enacted which provided for the registration of collection, and the imposition of fixed and special taxes upon all persons who produce, import, manufacture, compound, deal-in, dispense, sell, distribute, or give away opium, marijuana, opium poppies, or coca leaves or any synthetic drugs which may declared as habit forming. The law also declared as a matter of national policy, the prohibition of the cultivation of marijuana and opium poppy. Some time in 1955, the marijuana plant was introduced in Pasay City by foreigners for purpose of producing “reefers”. These were sold in taverns in Pasay City and introduced into elite schools in the same area. The PC Criminal Investigation on January 8, 1959 conducted the first marijuana raid in Pasay City when several potted marijuana plants were seized. The Philippines has been relatively heroin-free until the early 60’s when small heroin laboratories opened in Manila. In 1963, new trends appear. There was a waning of opium addiction among the Chinese but a concurrent increase among the Filipinos, just the latter contributed 63 percent of the total arrests from drug offenses. Recognizing the deleterious effect of drug abuse on the health and well-being of the Filipino youth and the threat that it poses to national security, then President Ferdinand Marcos signed into law Republic Act No. 6425 known as the “Dangerous Drug Act of 1972” on March 30, 1972. This law which was amended by Presidential Decree No. 44, dated November 9, 1972 placed under control not only narcotics by also psychotropic substances. On November 14, 1972, the Dangerous Drug Board was organized to provide leadership, direction and coordination in the effective implementation of R.A. 6425. By early 1974, addiction to opiates and barbiturates had almost disappeared among the native population. During the period 1975-1980 the cultivation of marijuana increased and became geographically widespread, thus the pattern of drug taking involved marijuana, abuse of pharmaceutical products (especially cough syrup) and the inhalation of solvents. There was very little trafficking of heroin, cocaine and LSD and the non-availability of narcotic drugs made the prices sour beyond the reach of Filipino drug abusers. THE INFLUENCES OF DRUG ABUSE Concept of Drug Abuse The term Drug Abuse most often refers to the use of a drug with such frequency that it causes physical or mental harm to the user or impairs social functioning. Although the term seems to imply that users abuse the drugs they take, in fact, it is themselves or others they abuse by using drugs. Traditionally, the term drug abuse referred to the use of any drug prohibited by law, regardless of whether it was actually harmful or not. This meant that any use of Marijuana, for example, even if it occurred only once in a while, would constitute abuse, while the same level of alcohol consumption would not. The term drug is commonly associated with substances that may be purchased legally with prescription for medical use. Other substances that may be purchased legally without prescription and are commonly abused include alcohol and the nicotine contained in tobacco cigarettes (Groiler, 1995).
- 110. www.rkmfiles.net 110 Concept of Drug Dependence Drug abuse must be distinguished from drug dependence. Drug dependence, which is sometimes called drug addiction, is defined by basic three characteristics (Groiler, 1995). The users continue to take a drug over an extended period of time. Just the long this period is dependent on the drug and the user. The users find it difficult to stop using the drug. They seem powerless to quit the drug use. Users take extraordinary and often harmful measures to continue using the drug. They will drop out of school, steal, leave their families, go to jail and lose their job to keep using drug. The users stop taking their drug – only if their supply of the drug is cut off, or if they are forced to quit for any reason – they will undergo painful physical or mental distress. The experience of withdrawal distress, called the withdrawal syndrome, is a sure sign that a drug is dependency-producing and that the user is dependent on the drug. Drug dependence may lead to drug abuse – especially the illegal drugs Concept of Drug Addiction Drug addiction is a state of mind in which a person has lost the power of self-control in respect of a drug. He consumes the drug repeatedly leaving aside all values of life. In other words a drug addict will resort to crime even, to satisfy his repeated craving for the drug. The effects of addiction are mainly deteriorative personality Changes. They include insomnia, instability, lack of self-confidence especially when not under the influence of drug. The addict can not concentrate on any work. He avoids social contacts. Slowly, mentally, physically, and morally he becomes from bad to worse and a burden to the society. One or more of the following attributes characterizes drug addiction: 1. Compulsion/ Uncontrollable Craving – the addict feels a compulsive craving to take drug repeatedly and tries to procure the same by any means. 2. Tolerance – it is the tendency to increase the dose of the drug to produce the same effect as to that of the original effect. 3. Addiction – the addict is powerless to quit drug use. 4. Physical Dependence – the addict’s physiological functioning is altered. The body becomes sick, inactive and incapable of carrying out useful activity in the absence of the drug. The withdrawal syndromes will occur once the drug use is stopped. 5. Psychological Dependence – Emotional and mental discomfort exist to the individual. The drug addict feels he can not do without the drug, consequently if he does not take the drug his mental processes are affected. He can not carryout his work efficiently. 6. Withdrawal Syndrome – The addict becomes nervous and restless when he does not get the drug. After about 12 hours, he starts sweating. His nose and eyes becomes watery and continue doing so increasingly for another twelve hours. It is followed by vomiting, diarrhea, loss of appetite and sleep. Respiration, blood pressure and body temperature also rises. This will continue up to three days. After which, the trouble starts subsiding and most of it is gone in about a week’s time. Complete recovery takes place in three to six months. UNDELYING CAUSES/INFLUENCES OF DRUG ABUSE The drug addict or abuser is generally an emotionally unstable person before he acquires the habit. He can not face painful situations without help, he has less will power and self control. He has not adjusted himself to his emotional reaction. Due to this, drug addicts have low capacities for dealing with frustrations, anxieties and stress. Drug abuse is a multi-faceted problem exits in our locality and countryside, there is usually more than one reason why this problem exists. Any of the following factors may influence people to abuse drugs.
- 111. www.rkmfiles.net 111 A. Biological Factors There are some reasons or pre-existing induced biological abnormalities of chemicals, physiological or structural in nature that induced a person to take drugs. The following are some to consider: 1. Individual ‘s general health – there are several diseases that easily make a person become a drug abuser. Examples are fatigue, chronic cough, insomnia, and discomfort. 2. It is believe that drug has the special power to prevent or to increase sexual capacity. 3. One specific genetic theory proposes that there is an inherited defect in the production of endorphin, similar to morphine. A deficiency of the substance leads to bodily discomfort. With the use of the morphine, this feeling is induced. According to theory, a person who uses morphine has the physiological abnormality where endorphin production is less. The drugs when we use the body cells work actively. B. Common Causation of Drug Abuse 1. Children of broken home easily join peer groups as substitutes to their lost family solidarity. 2. To strike and over protectiveness of parents. 3. For curiosity – eagerness to know what they have not experienced. 4. To assert their independence. 5. To rebel from parental authority. 6. To prove their guts. 7. To escape problems. 8. Peer pressure and for the sake of PAKIKISAMA. 9. They believe that drug can give deeper insights. 10. The belief that medicines can magically solve problems. 11. The easy access to drug or various sort in an affluent society. 12. The enjoyment of euphoria or excitement induced by drugs. 13. The search for sharpened perception and high perception and creativity, which some people believe they obtained from drugs. 14. The beliefs that they are just taking it like alcohol. 15. The dissatisfaction or disillusion of lost of faith in the prevailing system. 16. The tendency of persons with psychological problems to seed easily solution with chemicals. 17. The statement of proselytizers who proclaim the goodness of drugs. 18. Slum condition - the most critical is that the slum dweller are often deprived of emotional support. C. Factors in Youthful Drug Abuse (Psychological, mental health, family conditions) 1. Motives and Attitudes Psychologically speaking, in terms of motives and function of drug use, some of which may not be recognized by users themselves. The more a drug is used, the more it tends to satisfy more than one motive or need. Recent surveys of college drug use have induces the students reasons for drug use. In one study smaller or larger groups mentioned all of the following motives; 1. To feel more courageous. 2. To find out more about oneself. 3. To have a religious experience to come close to God. 4. To satisfy a strong craving or compulsion. 5. To increase or reduce appetite. 6. To feel less dull or sluggish, improve sex. 7. To reduce sexual desire and keep from being panicked or crazy. 8. To improve intelligence or learning, prepare stress. 9. To feel less depress of sad, relieve tension or nervousness 10.To make good moral mood last longer, relieve anger or irritation
- 112. www.rkmfiles.net 112 2. Personality and Pathology This psychology has been described as follows: 1. Chronic, low-grade depression. 2. Smoldering, tense and restlessness. 3. A sense of not being taken seriously. 4. Narcissism or egocentricity. 5. Preoccupation with issues or identity, autonomy, and freedom of expression. 6. Repeated dwelling on drug taking and its effects. 7. Difficulty in interpersonal relations. 3. Family Background The kinds of personality disturbances found in some young addicts and heads cannot, in the current state of knowledge, be identified as brain damage or schizophrenia. It is more in the manner of character disorder. And the behavior may be the result of inadequate socialization, condition of child rearing and family interaction. The few available facts about families of young abuser lend credence to this idea. In one broad study of New York’s high addiction areas, the families of adolescent narcotics users showed the following characteristics: 1. Absent or weak father 2. Overprotective, overindulgent and domineering mother 3. Inconsistent standards of behavior, lack of definition of limits 4. Hostility or conflict between parents 5. Unrealistic aspiration for children D. The Psycho-Social Factors 1. Personality Disorder - Drug abuse is a manifestation of an underlying character of personality disorder. Thus majority of the drug users are fundamentally immature, emotionally childish, insecure or are suffering from problems of adolescence. 2. Social Disorder - A sign or symptom of family problem involving parent – child relationship, peer pressures, unethical values. Drugs use does not also occur in isolation of other environmental factors but rather, is greatly influenced by these factors. Some of the sociological factors also influenced drug use is as high toll. a. Availability of over-the counter and prescription drugs variety of drugs available for different ailments. b. Influence of media-advertisement message that all aliment can be cured through the use of chemical substances toward messages and help to create the acceptance of drugs. c. Impact of affluent lifestyle or of high employment. d. Effect of increased travel and exposure to different culture and social values e. Modeling, if parents or key influence are drug users, young persons often tend to model the behavior they are at home. f. Social pressures exerted by peers g. Collapse of religious values h. Alienation and enemies feeling of powerless i. Lower value on academic achievement
- 113. www.rkmfiles.net 113 E. Other Factors 1. Ignorance, curiosity 2. Laxity of government and other authorities 3. Mass media influence 4. Nature of society resulting in the increased violent behavior for youth. F. The 7 Deadly Sins - Primary Causes of Drug Abuse 1. Pride – excessive feeling of self-worth or self-esteem, sense of self-importance. 2. Anger - unexpressed, deep-seated anger against himself, his family, his friends or the society in general. 3. Lust – burning sexual desire can distort the human mind to drug abuse. 4. Gluttony – “food trip” in the lingo of junkies 5. Greed – wealth, fame, recognition as exemplified by people under pressure in their work of art, such as musicians, actors, athletes who indulge in drug abuse. 6. Envy – to get attention from someone: as a sign of protest envy is a major cause of drug abuse. 7. Laziness –“ I can’t syndrome”, incapacity to achieve – the breeding ground of drug abuse. Boredom coupled with poor self-image. How Addiction is acquired? People have generally different motivation in life. The young ones are very much adventurous and some of them have strong attraction in Drug-taking, because these “Space are era belongs to them so to speak, thus, the “IN” thing these days are drugs. To see drug abusers around seemed to be of a common sight. The drug habit is acquired in three ways: 1. Association 2. Experimentation 3. Inexperienced doctors Likewise, addiction may be acquired through: 1. Habituation – closely related to euphoric effect, and the relief of pain or emotional discomfort. 2. Toleration – the necessity to increase the dose to obtain an effect equivalent to the original dose. 3. Dependence – the altered physiological state brought about by the repeated administration of the drug, which necessitates the continued use of the drug to avoid withdrawal syndrome. What are the Group Classifications of Drug Abusers? 1. Situational Users – those who use drugs to keep them awake or for additional energy to perform an important work. Such individual may or may not exhibit psychological dependence. 2. Spree Users – school age users who take drugs for “kicks’, an adventurous daring experience, or as a means of fun. There may be some degree of psychological dependence but little physical dependence due to the mixed pattern of use. 3. Hard Core Addicts – those, whose activities revolve almost entirely around the drug experience and securing supplies. They show strong psychological dependence on the drug. 4. Hippies – those who are addicted to drugs believing that drug is an integral part of life.
- 114. www.rkmfiles.net 114 DETECTION OF DRUG ABUSERS Detecting a drug user is not an easy task. The signs and symptoms of drug abuse, especially in the beginning stages can be identical to those produced by conditions having nothing whatsoever to do with drugs. It is always necessary to exercise certain prudence before drawing conclusions. Some judgments may only hurt the individual; if he is innocent and one may lose his love and trust. Only after observing calmly and patiently his behavior, appearance and associations, may one pass judgment and act. To detect a drug abuser one should observe the following: 1. neglect of personal appearance 2. diminished drive, lack of ambition 3. reduced attention span 4. poor quality of school work 5. impaired communication skills 6. less care for the feeling of others, lessening of accustomed family warmth 7. pale face, red eyes, dilation or constricted pupils, wearing sunglasses at wrong places 8. change from active to passive and withdrawn behavior 9. secretive about money, disappearance of money and other valuables from the house 10. friends refusing to identify themselves or hang up when you answer the phone 11. overreaction to mild conditions 12. smell of marijuana, sweetish odor, like a burned rope in the clothes or room, etc. 13. symptoms of nausea, vomiting, diarrhea, tremors, muscular aches, insomnia and convulsions, etc. 14. presence of : a. butt from marijuana joint b. holders (i.e. pipe clips) for the joint c. presence of leaves, seeds in pockets or lining d. rolling paper, pipes, “bong” in closet or pocket e. cough syrup bottles, capsules, syringes, etc. f. visines or Eye-Mo bottles to treat red eyes g. devices for hiding drugs like trash cans, soft drinks bottles h. presence of other pills like valium, artane, other tranquilizers i. presence of physician’s prescription pad in blank form IDENTIFICATION OF DRUG ABUSER The following markers can help in identifying them: 1. Change in interest – they lose interest in their studies and in their work. They fail in school, shift from one course to another, transfer of school of lower standard until eventually drop out. 2. Frequent shifting of mood – they are euphoric, elated and sometimes even ecstatic when under the influence of drugs. They would be indifferent, irritable and even hostile when the effect of drug is waning from the system. 3. Changes in behavior – they usually spend a lot. They are usually in the company of known drug users in the community. They come home late; they become disrespectful and would sell personal or family valuables. 4. Changes in physical appearance – if they can be seen while still under the influence of drugs the following can be noted:
- 115. www.rkmfiles.net 115 The following can also help in identifying drug abusers. a. They know the lingo of the abusers, i.e. OMAD. Chongki, Bitin, etc. b. Presence of linear scar in the arms, forearms and abdomen. c. Lobule of left ear punctured and some of the males even wear earrings. PROCESS OF DETECTING DRUG ABUSERS The detection of drug abuse involves five processes namely: a. Observation b. History taking c. Laboratory examination d. Psychological examination e. Psychiatric evaluation 1. OBSERVATION Observations of the signs and symptoms of drug abuse may take relatively a long period of time. Good sensory equipment and a high degree of objectivity are two requirements for a good observer. To be an effective observer, the observer should not let his own personal judgements and reactions affect his observations. He should exercise care in his observation such that the suspected drug abuser is not made aware of being observed. 2. HISTORY TAKING A. Collateral Information (Interview with information) The best information is from the patient himself, but collateral information is necessary. Ideally, a parent or close relative or a close friend should be present to furnish useful details as to the different changes observed in the patient that made them suspect the subject is abusing drugs. These changes may be in his appearance, behavior, mood, or interest. Added information 1. If subject’s “barkadas” are also known drug abusers in the community. 2. He knows the language of drug dependents. 3. Seeing in his room, books or in his belongings or in his possession empty bottles of cough syrups, empty medicine foils, MJ sticks or rolling paper. B. Interview with patient Inquire regarding the drugs being abused, onset of his drug taking activity, reason for abusing drugs, how he supports his vice, etc. 3. LABORATORY EXAMINATION Accurate laboratory examinations cannot be performed by any ordinary chemist since detection of dangerous drugs requires sophisticated equipment and apparatus, special chemical reagents and most of all, the specialized technical know-how. 4. PSYCHOLOGICAL EXAMINATION This phase of drug detection requires the expertise of trained psychologists. Teachers therefore are not in a position to administer psychological examinations among their students. Psychological examination findings will correspond to the general findings of a drug prone individual:
- 116. www.rkmfiles.net 116 - drowsy or lethargic appearance accompanied by scratching and without alcoholic breath, tendency to giggle excessively at things which others don’t consider funny, and over-active and over talkative 5. PSYCHOLOGICAL TESTS a. Intelligence Test – the test is designed to cover a wide variety of mental functions with special emphasis on adjustment comprehension and reasoning. b. Personality Test – this type of test is used to evaluate the character and personality traits of an individual such as his emotional adjustment, interpersonal relation, motivation and attitude. c. Aptitude Test – this test is to measure the readiness with which the individual increases his knowledge and improves skills when given the necessary opportunity and training. d. Interest Test – this is designed to reveal the field of interest that a client will be interested in. e. Psychiatric Evaluation – it is a process whereby a team of professionals composed of psychiatrists, psychologists, psychiatric social workers conduct an examination to determine whether or not a patient is suffering from psychiatric disorder. Practical Ways of Recognizing the Drug Addict A drug abuser will do everything possible to conceal his habit. To be able to recognize the outward signs and symptoms, it is equally important to realize that the drug problems are so complex. Even expert advice not to judge abruptly an individual taking narcotics drug as it could lead to falsely accusing an innocent person. It should also be remembered that a person might have a legitimate reason for possessing a tablets, syringe and needle (may be a diabetic) having capsules (they may prescribe by doctor). Having the sniffles and running eyes may due to head cold or an allergy. Unusual or add behavior may not be connected in any way with drug use. Based on the lecture of U.S experts doctor of medicine, Forensic chemist at the London International Police academy usually detect drugs abusers without too much trouble by means of the following: 1. Presence of drug on the person – which he may try to conceal. 2. Presence of equipment for smoking, drinking or injection of drugs. 3. Presence of hypodermic needle marks or tracks on arms and on various parts of the body. 4. Drug test on blood and Urinalysis 5. Drug intoxication in the absence of alcoholic smell. It is indicated by: a. dilation or contraction of the pupils b. unsteady gait and incoherent speech c. loose mental processes, drowsiness and itching d. tendency to laugh at trivial e. Withdrawal symptoms 6. Nalline test indicates an opiate addict. - A small dose (3 mg.) of nalline is injected into the body of the suspect. The size of the pupil of the suspect is measured before and after the injection. An addict will show appreciable dilation of the pupil. The drug has practically no effect on non-addicts.
- 117. www.rkmfiles.net 117 The General Profile of Drug Abusers The data may help one in understanding drug abusers in the Philippines. As to: The Profile Age Mean age of 26 years (since 1996), 27 yrs (1999) Sex Ratio of male to female remained 12: 1 Civil Status Single (55.78%) Married (32.58%) Separated (4.43%) Family Size Three to four siblings in the family Occupation Workers/Employees (42.51%) Unemployed (21.75%) Self-Employed (12.58%) Students (12.16%) Out-of-School Youth (3.68%) Educational Attainment High school level (27.77%) College level (27.07%) High School Graduate (22.77%) Economic Status Average monthly income of P5,290 Place of Residence Urban Duration of Drug Taking More than two years I.Q Average Nature of Drug Taking Monodrug use Drugs of Abuse Shabu; Marijuana Actual Outward Physical Signs/ Symptoms of Drug Abusers: The actual profile of an abuser of narcotic drugs may show some of the following manifestations. 1. Admission of the addict himself. 2. Consistently wear long-sleeved shirt or blouses, dark eye-classes unlikely times to hide dilated or constricted pupils of eyes. 3. Blood spots around elbow areas of blouses shirt or pajamas. 4. Walk, talk and act as if under alcoholic influence. 5. Prolonged period of sleep or lethargy, abnormal sleepless, nervous, jumpy and talkative. 6. School works deteriorates (grades and home works) 7. Work habits, become slip-shod, too many emotional explosions, loss body weight., abnormal bowel habits, blood-shot eyes. 8. Sloppy in dress and careless in bodily hygiene, inordinate desire for consumption of sweets. Unusual odor in the house or room (marijuana, hash, or incense) 9. Develop defiant or contemptuous attitudes towards authority (Parents, Teachers, Police, Etc.) constant demand for ever-increasing amount of money. 10. Takes money from everyone and fails to repay, steel and sells all possible items of value from home or elsewhere when opportunity comes. 11. Receives or makes numerous phone calls to people who are unknown in the house. Associates only with people who have the reputation for playing with using drugs. 12. Persistently lies when asked to explain in expected knock on the door. 13. Unrealistic attitudes, having difficult of concentration.
- 118. www.rkmfiles.net 118 The Personality Profile of a Filipino Drug Abuser 1. They are of average or above average intelligence 2. They are witty and manipulative 3. They have negative attitude, they demonstrate hostile feelings to the world or to anybody who does not want to conform to what they want. 4. They are emotionally immature, selfish and demanding. 5. They want immediate gratification of needs and desires. 6. They have low frustration tolerance. 7. Their interest and aptitude are on dramatics, persuasive and musical field in that order. 9. They are depressed and excessively dependent. 10. They are rebellious and have impulsive behavior. 11. They are pleasure seeker and pathologically liars 12. They like to join anti social groups/ delinquent groups. 13. They have difficulty in solving problems. THE GLOBAL DRUG SITUATION Drug abuse has become not only a national issue or a problem of just a few countries but it is a clear and present global danger. Today, highly entrenched, well-organized drug syndicates are behind this menace. They employ the most advanced and most sophisticated technology coupled with unlimited financial resources at their command and disposal. Police agencies around the world, pooling their resources together are more often than not, the losers in a game of hide-and-seek with the international drug syndicates (Sotto, 1994). A. The 1st Important Drug Traffic Route Middle East – discovery, plantation, cultivation, harvest Turkey - preparation for distribution Europe - manufacture, synthesis, refine U.S. - Marketing B. The 2nd Major Drug Traffic Route A. Drugs that originates from the Golden Triangle Burma/Myanmar Laos Thailand B. Drugs that originates from the Golden Crescent - Iran - Afghanistan - Pakistan - India
- 119. www.rkmfiles.net 119 C. World’s Drug Scene 1. Southeast Asia – the “Golden Triangle” approximately produced 60% of opium in the world, 90% percent of opium in the eastern part of Asia. It is also the officially acknowledged source of Southeast Asian Heroin. 2. Southwest Asia – the “Golden Crescent” is the major supplier of opium poppy, MJ and Heroin products in the western part of Asia. It produces at least 85% to 90% of all illicit heroin channeled in the drug underworld market. 3. Middle East – the Becka Valley of Lebanon is the biggest producer of cannabis in the Middle East. Lebanon is also considered as the transit country for cocaine from South America to European markets. 4. Spain – major transshipment point for international drug traffickers in Europe – known as “the paradise of drug users in Europe”. 5. South America – Columbia, Peru, Uruguay, and Panama are the sources of all cocaine supply in the world. 6. Morocco – the number one producer of cannabis in the world. (2003 to 2006) 7. Philippines – the major transshipment point for the worldwide distribution of illegal drugs such as shabu and cocaine from Taiwan and South America. The second world’s supplier of MJ and the drug paradise of drug abusers in Asia. 8. India – center of the world’s drug map, leading to rapid addiction among its people. 9. Indonesia – Northern Sumatra has traditionally been the main cannabis growing area in Indonesia. Bali Indonesia is an important transit point for drugs en route to Australia and New Zealand. 10. Singapore, Malaysia, and Thailand – the most favorable sites of drug distribution from the “Golden Triangle” and other parts of Asia. 11. China – the transit route for heroin from “Golden Triangle” to H.K. 12. Hong Kong – the world’s transshipment point of all forms of heroin. 13. Japan – the major consumer of cocaine and shabu from U. S. and Europe. D. Organized Crime Groups behind the Global Drug Scene Columbian Medellin Cartel Founded during the 1980’s by Colombian drug lords in the name of Pablo Escobar Gaviria and drug bosses Jose Gonzalo Rodriguez Gacha and the top aid cocaine barons Juan David and the Ochoa Brothers. The Medellin Cartel is reputedly responsible for organizing world’s drug trafficking network. The Columbian government succeeded in containing the Medellin Cartel, which resulted in the death, surrender, and arrest of the people behind the organization. This further resulted to the disbandment of the Cartel led to its downfall. Cali Cartel The downfall of the Columbian Medellin Cartel is the rise of the Cali Cartel - the newly emerged cocaine monopoly. Gilberto Rodriquez Orajuela –Don Chepe - “the chess player” heads the syndicated organization. Under him, the Cali cartel was considered the most powerful criminal organization in the world. The cartel produces over 90% of cocaine in the world. Due to this, it was called the best and the brightest of the modern underworld. “ They are professionals of the highest order, intelligent, efficient, imaginative, and nearly impenetrable” – US - Drug Enforcement Agency. The Chinese Triad The Chinese Triad is also called the Chinese Mafia – the oldest and biggest criminal organization in the world. It is believed to be the controller of the “Golden Triangle”.
- 120. www.rkmfiles.net 120 Drug Syndicates in the Philippines The Binondo-based Chinese syndicate has been identified as the nucleus of the Triad Society, the Bamboo gang based in Taiwan and the 14K based in Hong Kong. The Bamboo Gang is the influence of the Green Gang of the Chinese Triad while the 14K is the newest among the triads families established only in 1947. The most common “modus operandi” by the syndicates – posing as fishermen along Philippine seas, particularly, the northern provinces of Luzon such as La Union, Ilocos, and Pangasinan where they drop their loads of shabu to shoreline based members. The syndicates are famously involved in marijuana cultivation and other drug smuggling including drug manufacture. THE DANGEROUS DRUGS A. According to Effects 1. Depressants – those that depress the CNS 2. Stimulants – those that stimulate the CNS 3. Hallucinogens – those that distort perception, mind; alter moods B. According to Medical Pharmacology 1. Depressants 2. Narcotics 3. Tranquilizers 4. Stimulants 5. Hallucinogens 6. Solvents/Inhalants The Depressants (Downers) These are group of drugs, which suppress vital body functions especially those of the brain or central nervous system with the resulting impairment of judgment, hearing, speech and muscular coordination. They dull the minds, slow down body reactions to such an extent that accidental deaths and/or suicides usually happen. They include the narcotics, barbiturates, tranquilizers, alcohol and other volatile solvents. These drugs, when taken in, generally decrease both the mental and the physical activities of the body. They cause depression, relieve pain and induce sedation or sleep and suppress cough. 1. Narcotics - are drugs, which relieve pain and produce profound sleep or stupor. Medically, they are potent painkillers, cough depressants and as an active component of anti-diarrheal preparations. Opium and it derivatives like morphine, codeine and heroin, as well as the synthetic opiates, meperidine and methadone, are classified as narcotics. 2. Opium – derived from a poppy plant – Papaver somniferum popularly known as “gum”, “gamot”, “kalamay” or “panocha”. 3. Morphine - most commonly used and best used opiate. Effective as a painkiller six times potent than opium, with a high dependence – producing potential. Morphine exerts action characterized by analgesia, drowsiness, mood changes, and mental clouding. 4. Heroin – is three to five times more powerful than morphine from which it is derived and the most addicting opium derivative. With continued use, addiction occurs within 14 days. It may be sniffed on swallowed but is usually injected in the veins. 6. Codeine – a derivative of morphine, commonly available in cough preparations. These cough medicines have been widely abused by the young whenever hard narcotics are difficult to obtain. Withdrawal symptoms are less severe than other drugs. 7. Paregoric – a tincture of opium in combination with camphor. Commonly used as a household remedy for diarrhea and abdominal pain.
- 121. www.rkmfiles.net 121 8. Demerol and Methadone – common synthetic drugs with morphine – like effects. Demerol is widely used as a painkiller in childbirth while methadone is the drug of choice in the withdrawal treatment of heroin dependents since it relieves the physical craving for heroin. 9. Barbiturates – are drugs used for inducing sleep in persons plagued with anxiety, mental stress, and insomnia. They are also of value in the treatment of epilepsy and hypertension. They are available in capsules, pills or tablets, and taken orally or injected. 10. Seconal – commonly used among hospitality girls. Sudden withdrawal from these drugs is even more dangerous than opiate withdrawal. The dependent develops generalized convulsions and delirium, which are frequently associated with heart and respiratory failure. 11. Tranquilizers – are drugs that calm and relax and diminish anxiety. They are used in the treatment of nervous states and some mental disorders without producing sleep. 12. Volatile Solvents – gaseous substances popularly known to abusers as “gas”, “teardrops”. Examples are plastic glues, hair spray, finger nail polish, lighter fluid, rugby, paint, thinner, acetone, turpentine gasoline, kerosene, varnishes and other aerosol products. They are inhaled by the use plastic bags, handkerchief or rags soaked in these chemicals. 13. Alcohol – the king of all drugs with potential for abuse. Most widely used, socially accepted and most extensively legalized drug throughout the world. In the field of medicine, it is “valuable” as disinfectant, as an external remedy for reducing high fever among children, and as preservative and solvent for pharmaceutical preparations like elixirs, spirits and tincture. The Stimulants (Uppers) They produce effects opposite to that of depressants. Instead of bringing about relaxation and sleep, they produce increased mental alertness, wakefulness, reduce hunger, and provide a feeling of well being. Their medical users include narcolepsy – a condition characterized by an overwhelming desire to sleep. Abrupt withdrawal of the drug from the heavy abuser can result in a deep and suicidal depression. 1. Amphetamines – used medically for weight reducing in obesity, relief of mild depression and treatment 2. Cocaine – taken orally, injected or sniffed as to achieve euphoria or an intense feeling of “highness”. 3. Caffeine – it is present in coffee, tea, chocolate, cola drinks, and some wake-up pills. 5. Shabu/ “poor man’s cocaine” – chemically known as methamphetamine. It is a central nervous system stimulant and sometimes called “upper” or “speed”. It is white, colorless crystal or crystalline powder with a bitter numbing taste. It can be taken orally, inhaled (snorted), sniffed (chasing the dragon) or injected. 6. Nicotine – an active component in tobacco, which acts as a powerful stimulant of the central nervous system. A drop of pure nicotine can easily kill a person. The Hallucinogens (Psychedelic) Consists of a variety of mind-altering drugs, which distort reality, thinking and perceptions of time, sound, space and sensation. The user experiences hallucination (false perception), which at times can be strange. His “trips” may be exhilarating or terrifying good or bad. They may dislocate his consciousness and change his mood, thinking and concept of self. 1. Marijuana – It is the most commonly abused hallucinogen in the Philippines because it can be grown extensively in the country. Many users choose to smoke marijuana for relaxation in the same way people drink beer or cocktail at the end of the day. The effects of marijuana include a feeling of grandeur. It can also produce the opposite effect, a dreamy sensation of time seeming to stretch out. 2. Lysergic Acid Diethylamide (LSD) – This drug is the most powerful of the psychedelics obtained from ergot, a fungus that attacks rye kernels. LSD is 1, 000 times more powerful than marijuana as supply, large enough for a trip can be taken from the glue on the flab of an envelope, from the paste of a postage stamp, or from the hidden areas inside one’s clothes. LSD causes perceptual changes so that the user sees colors, shapes, or objects more intensely than normal and may have hallucinations of things that are not real. To him real objects seem to change, buildings seem to be crackling open, and walls pulsating. He experiences frequent bizarre hallucinations, loss spatial perceptions, personality
- 122. www.rkmfiles.net 122 diffusion and changes in values. Usually, users perceive distortion of time, colors, sounds and depth. They experience “scent” music and sounds in “colors”. 3. Peyote – Peyote is derived from the surface part of a small gray brown cactus. Peyote emits a nauseating odor and its user suffers from nausea. This drug causes no physical dependence and, therefore, no withdrawal symptoms, although in some cases psychological dependence has been noted. 4. Mescaline – It is the alkaloid hallucinogen extracted from the peyote cactus and can also be synthesized in the laboratory. It produces less nausea than peyote and shows effects resembling those of LSD although milder in nature. One to two hours after the drug is taken in a liquid or powder form, delusions begin to occur. Optical hallucinations follow one upon another in rapid succession. These are accompanied by imperfect coordination and perception with a sensation of impeded motion, and a marked sense that time is still standing. Mescaline does not cause physical dependence. 5. STP – It is a take-off on the motor oil additive. It is a chemical derivative of mescaline claimed to produce more violent and longer effects than mescaline dose. Its effects are similar to the nerve gas used in chemical warfare. It is less potent than LSD although its effects are similar to those of psychedelics. 6. Psilocybin – This hallucinogenic alkaloid from small Mexican mushrooms are used by Mexican Indians today. These mushrooms induced nausea, muscular relaxation, mood changes with visions of bright colors and shapes, and other hallucinations. These effects may last for four to five hours and later may be followed by depressions, laziness, and complete loss of time and space perceptions. 7. Morning Glory Seeds – The black and brown seeds of the wild tropical morning glory that are used to produce hallucinations. The seeds are ground into flour, soaked in cold water, then strained though a cloth and drunk. They are sold under the names of “heavenly blues”, “flying dancers’, and “pearly gates”. The active ingredient in the seed is similar to LSD although less potent. The reactions are likened to those resulting from LSD. Prolonged psychosis is also one of its effects. COMMONLY ABUSED DRUGS Drugs that are commonly abused depending on their pharmacological effects may be classified into: 1. Sedatives – drugs which reduce anxiety and excitement such as barbiturates, non-barbiturates, tranquilizers and alcohol. 2. Stimulants – drugs which increase alertness and activity such as amphetamines, cocaine and caffeine. 3. Hallucinogens/Psychedelics – drugs which affect sensation, thinking, self-awareness and emotion. Changes in time and space perception, delusions (false beliefs) and hallucinations) may be mild or overwhelming, dispensing on dose and quality of the drug. This includes LSD, mescaline and marijuana. 4. Narcotics – drugs that relieve pain and often induce sleep. The opiates, which are narcotics, include opium and drugs derived from opium, such as morphine, codeine and heroin. THE EFFECTS OF DRUG ABUSE 1. PHYSICAL EFFECTS a. Malnutrition – The life of an addict revolves around drug use. He misses even his regular meals. He losses appetite and eventually develops malnutrition. Likewise, the drug dependent who has tried on his own to withdraw may suffer from severe gastrointestinal disturbance that results to severe dehydration. b. Skin Infections and Skin Rashes - Oftentimes the drug abuser neglects his personal hygiene, uses unsterilized needles and syringes that result in skin infections or even ulceration at the sites of the needle puncture. Skin rashes may even occur as a side effect or sensitivity reaction to certain drugs of abuse. Infectious diseases, such as tuberculosis, bronchitis, bronchial asthma, viral hepatitis, sequelae of drug abuse. Marijuana smoking can produce physical conditions like chronic bronchitis and asthma. Physically ill persons, like a tuberculosis individual who has suffered so much from his illness may resort to drug taking as a temporary measure for relief. A drug abuser, because of his use of unsterilized
- 123. www.rkmfiles.net 123 paraphernalia, tends to develop lowered resistance and becomes susceptible to various infections, among them are viral hepatitis, and HIV infections/AIDS. An individual suffering from arthritis or terminal cancer who experiences acute, unbearable pains and insomnia is likely to become a drug dependent to opiates or sedatives. 2. PSYCHOLOGICAL EFFECTS a. Deterioration of personality with impaired emotional maturation. b. Impairment of adequate mental function. c. Loss of drive and ambition. d. Development of psychosis and depression. e. Loss of interest to study. f. Laziness, lethargy, boredom and restlessness. g. Irritability, rebellious attitude. h. Withdrawn forgetfulness. 3. SOCIAL EFFECTS a. Deterioration of interpersonal relationship and development of conflict with authority. b. Leads to crime. c. Social maladjustment; loss of desire to work, study and participate in activities or to face challenges. 4. MENTAL EFFECTS a. Adverse effect on the central nervous system. Regular use or injection of large doses of a substance reduces the activity of the brain and depresses the central nervous system. The drug dependent then manifests changes in his mind and behavior that are undesirable by people in his environment. b. Deterioration of the mind. The dependent is a “mental invalid” in the sense that drugs can manipulate him, make him lose his power, and prod him to behave contrary to what he usually think is right. These drugs are essentially reality modifiers, which create a masked sense of well being by either dulling or distorting sensory perceptions and providing a temporary means of escape from personal difficulties, either real or imaginary. They can reduce or accelerate activity to create indifference, depressive mood, or carelessness. As a result, the abuser’s mind deteriorates gradually. In other instances, he abruptly loses interest and motivation in the pursuit of achievement and constructive goals. Instead of providing him relaxation and escape from discomfort, drug, alcohol and tranquilizers may blur his attempts to come to terms with reality. His character becomes weak and inadequate in coping with his problems. 5. ECONOMIC EFFECTS a. Inability to hold stable job. It is impossible for a drug abuser to hold a steady job since he spends all his time and money on drugs. If he does not have a regular job, he and his friends steal to raise money. If he has one, he would be unable to concentrate since he would be either over-stimulated or lazy and drowsy.
- 124. www.rkmfiles.net 124 b. Dependence on family resources. Instead of contributing to the economic stability of the family, a dependent becomes an economic burden. Besides depending on the family for his basic necessities, he also has to rely on the family resources to provide him money for the support of his expensive habit. c. Accidents in industry. In a state of agitation or dullness of the mind as a result of the drug he has taken, the dependent becomes careless and loses concentration on his job. Consequently, an accident may occur which may adversely affect both drug abuser and his co-workers. SYMPTOMS OF ABUSE ON THE DANGEROUS DRUGS COMMON EFFECTS/SYMPTOMS OF DRUG ABUSE Effects Downers (depressants) Uppers (stimulants) Psychedelics (hallucinogens) Changes in the eyes Pupils constricted Dilated Marijuana – no change in pupils but the conjunctivae are red because of dilation of the vessels of the eyes. Other hallucinogens – pupils are dilated. Locomotive changes Decrease Increase None Speech Under-productive, Under- talkative Talkative, Loquacious with flight of ideas None Hallucination None None Present usually in visual field Delusion None Usually encountered Sometimes encountered Vital signs i.e. temperature, blood pressure, pulse rate, respiratory rate Low High Usually no change 1. DEPRESSANTS a. Narcotics 1. lethargy, drowsiness 2. pupils are constricted and fail to respond to light 3. inhaling heroin in powder form leaves traces of white powder around nostrils causing redness 4. injecting heroin leaves scars, usually on the inner surface of the arms and elbows although user may inject drug in the body where needle marks will not be seen readily 5. user often leaves syringes, bent spoons, bottle caps, eye droppers, cotton and needles in lockers at school or hidden at home 6. user scratches self frequently 7. loss if appetite 8. sniffles, running nose, red watery eyes, coughing which disappears when user gets a “fix” b. Barbiturates/Tranquilizers 1. symptoms of alcohol intoxication without odor or alcohol on breath 2. staggering or stumbling 3. falling asleep unexplainably
- 125. www.rkmfiles.net 125 4. drowsiness, may appear disoriented 5. lack of interest in school and family activities c. Volatile Solvents 1. odor of substance on breath and clothes 2. excessive nasal secretions, watering of eyes 3. poor muscular control 4. increased preference for being with a group rather than being alone 5. plastic or paper bags or rags, containing dry plastic cement or other solvent, found at home or in locker at school or at work 6. slurred speech 2. STIMULANTS a. Amphetamines/Cocaine/Speed/Bunnies/Ups 1. pupils may be dilated 2. mouth and nose dry, bad breath; licks lips frequently 3. goes long periods without eating or sleeping; nervous; has difficulty sitting still 4. chain smoking 5. if injecting drug, user may have hidden eye droppers and needles among possessions b. Shabu 1. produces elevations of mood, heightened alertness and increased energy 2. some individuals may become anxious, irritable or loquacious 3. causes decreased appetite and insomnia 3. HALLUCINOGENS a. Marijuana 1. may appear animated with rapid, loud talking and bursts of laughter 2. sleepy or stuporous 3. pupils are dilated 4. odor(similar to burnt rope) on clothing or breath 5. remnants of marijuana, either loose or in partially smoked “joints” in clothing or possessions b. LSD/STP/DMT/THC 1. user usually sits or reclines quietly in a dream or trance – like state 2. user may become fearful and experience a degree of terror which makes him attempt to escape from his group 3. senses of sight, hearing, touch, body image and time are distorted 4. mood and behavior are affected, the manner depending upon emotional and environmental condition of the user
- 126. www.rkmfiles.net 126 INDIVIDUAL EFFECTS OF THE DANGEROUS DRUGS 1. DEPRESSANTS a. Death due to respiratory arrest. b. In large doses can cause respiratory depression and coma, the combination of depressants and alcohol can multiply the effect of the drugs, thereby multiplying the risks. c. Babies born to mothers who abuse depressants during pregnancy may be physically dependent on the drug and show withdrawal symptom shortly after they are born. Birth defects and behavioral problems may also result. 2. STIMULANTS a. Death due to infections, high blood pressures. b. Extremely high doses can cause a rapid or irregular heartbeat, tremors, loss of coordination, and even physical collapse. Shabu a. Overdosage leads to chest pains, hypertension, acute psychotic reaction, convulsions and death due to cardiac arrest b. Due to the appetite suppressing effects of shabu, pregnant mother may become malnourished. This may affect the nutritional needs of the baby. c. Babies born to shabu-using women show sever emotional disturbances. 3. HALLUCINOGENS Marijuana a. Can lead to serious mental changes (psychoses) like insanity, suicidal and/or homicidal tendencies b. Poor impulse control. c. Damage to chromosomes, hence, affecting potentially the offspring. Effects On The Body a. Brain – impairs skills for driving cars and operating machinery, interferes with memory, and intellect. b. Eyes – lowers pressure inside eye ball c. Heart – raises heart rate, potentially hazardous to heart patients d. Lungs – impairs lung functions e. Reproductive Organ – decreases sex hormones and sperm production in males f. Immune System – impairs immunity of the body against infection and cancer APPROACHES TO THE DRUG PROBLEM The present nature and extent of drug abuse and misuse among the youth constitutes one of the gravest health problems facing the nation and the world today. Public concern about drug abuse is focused not only on drugs that can be abused but also on the individual who misuses them. Today, there are many measures undertaken by both the private and the government sectors in the fight against drug abuse as a disease of society. This includes the major approaches as follows: A. The Law Enforcement Approach B. The Treatment and Rehabilitation Approach C. The Educational Approach D. The International Efforts Against Drug Abuse
- 127. www.rkmfiles.net 127 THE LAW ENFORCEMENT APPROACH The Philippine government considers drug abuse as a multi-faceted problem that threatens the health and well being of the Filipinos across all levels of society. The Comprehensive Dangerous Drugs Act of 2002 or Republic Act No. 9165 was enacted to add more teeth on the government response to the ongoing problem on drug abuse in the country. This is the major arm of the government in its law enforcement approaches that derived from the supply and demand reduction strategies. REPUBLIC ACT NO. 9165: Important Features R.A. 9165 – COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002 (Approved on June 7, 2002 - Effective July 4, 2002) What is Dangerous Drug under this law? Includes those listed in the schedules annexed to the 1961 Single Convention on Narcotic Drugs, as amended by the 1972 Protocol, and the schedules annexed to the 1971 Single Convention on Psychotropic Substances (Art 1, Sec. 3). Ex. MMDA – Methylenedioxymethamphetamine (Ecstacy), Tetrahydrocannabinol (MJ); Mescaline (Peyote) What are the Controlled Precursors and Essential Chemicals? Include those listed in Tables I and II of the 1988 UN Convention Against Illicit Traffic in Narcotic Drugs and Psychotrophic Substances (Art 1, Sec 3) Ex. Table 1 – Acetic Anhydride, N- Acetyl Anthranilic Acid, Epedrine, Ergometrine, Lysergic Acid Table 2 – Acetone, Ethyl Ether, Hydrochloric Acid, Sulfuric Acid, etc. NOTE: Under RA 6425 (Dangerous Drugs Act of 1972), Dangerous drugs refers to the Prohibited drugs, Regulated drugs and Volatile substances. Prohibited Drugs – ex. Opium and its derivatives, Cocaine and its derivatives, Hallucinogen drugs like MJ, LSD, and Mescaline Regulated drugs – ex. Barbiturates, Amphetamines, Tranquillizers Volatile Substances – ex. rugby, paints, thinner, glue, gasoline Table 8. What are the Unlawful Acts and Penalties? Unlawful Acts Penalty Importation of Dangerous drugs and/or Controlled Precursors and Essential Chemicals (sec. 4) Life Imprisonment to Death and a fine ranging from P500, 000 to P10 Million Sale, Trading, Administration, Dispensation, Delivery, Distribution and transportation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals (sec. 5) Life Imprisonment to Death and a fine ranging from P500, 000 to P10 Million Maintenance of a Den, Dive or Resort where dangerous drugs are used or sold in any form (sec. 6) Life Imprisonment to Death and a fine ranging from P500, 000 to P10 Million Being an employee or visitor of a den, dive or resort (sec. 7) Imprisonment ranging from 12 yrs and 1 day to 20 yrs and a fine ranging from P100, 000 to P500, 000. Manufacture of dangerous Drugs and/or Controlled Precursors and Essential Chemicals (sec. 8) Life Imprisonment to Death and a fine ranging from P500, 000 to P10 Million
- 128. www.rkmfiles.net 128 Illegal Chemical Diversion of Controlled Precursors and Essential Chemicals (sec. 9) Imprisonment ranging from 12 yrs and 1 day to 20 yrs and a fine ranging from P100, 000 to P500, 000. Manufacture or Delivery of Equipment, Instrument, Apparatus and other Paraphernalia for Dangerous Drugs and/or Controlled Precursors and Essential Chemicals (sec. 10) Imprisonment ranging from 12 yrs and 1 day to 20 yrs and a fine ranging from P100, 000 to P500, 000. Possession of Dangerous Drugs (sec. 11) Life Imprisonment to Death and a fine ranging from P500, 000 to P10 Million Possession of Equipment, Instrument, Apparatus and other Paraphernalia for Dangerous Drugs (sec. 12) Imprisonment ranging from 6 mos and 1 day to 4 yrs and a fine ranging from P10, 000 to P50, 000 Possession of dangerous Drugs during Parties, Social Gatherings or Meetings (sec. 13), and Possession of Equipment, Instrument, Apparatus and other Paraphernalia for Dangerous Drugs during Parties, Social Gatherings or Meetings (sec. 14) The maximum penalties provided for Sec. 11. Use of Dangerous Drugs (sec. 15) Minimum 6 mos rehabilitation (1st offense), Imprisonment ranging from 6 yrs and 1 day to 12 yrs and a fine ranging from P50,000 to P200, 000 (2nd Offense) NOTE: Section 15 shall not be applicable where the person tested is also found to have in his/her possession such quantity of any dangerous drug provided in sec.11, in which case the penalty provided in sec. 11 shall apply. Cultivation of Plants classified as dangerous drugs or are sources thereof (sec. 16) Life Imprisonment to Death and a fine ranging from P500, 000 to P10 Million Failure to comply with the maintenance and keeping of the original records of transaction on any dangerous drugs and/or controlled precursors and Essential Chemicals on the part of practioners, manufacturers, wholesalers, importers, distributors, dealers, or retailers (sec. 17) Imprisonment ranging from 1 yr and 1 day to 6 yrs and a fine ranging from P10, 000 to P50, 000 Plus revocation of license to practice profession. Unnecessary Prescription of Dangerous Drugs (sec. 18) Imprisonment ranging from 12 yrs and 1 day to 20 yrs and a fine ranging from P100, 000 to P500, 000. Plus revocation of license to practice profession Unlawful Prescription of Dangerous Drugs (sec.19) Life imprisonment to Death and a fine ranging from P500, 000 to 10 Million pesos NOTE: The Possession of Dangerous drugs in the following quantities, regardless of degree of purity: 10 grams or more of opium; morphine; heroin; cocaine; MJ resin; 10 grams or more of MMDA, LSD and similar dangerous drugs; 50 grams or more of “shabu”/ Methamphetamine Hydrochloride; 500 grams or more of Marijuana. If the quantity involved is less than the foregoing, the penalties shall be graduated as follows: 1. Life imprisonment and a fine ranging from P400, 000 to P500, 000 if “shabu” is 10 grams or more but less than 50 grams;
- 129. www.rkmfiles.net 129 2. Imprisonment of 20 yrs and 1 day to Life imprisonment and a fine ranging from P400, 000 to P500, 000 if the quantities of dangerous drugs are 5 grams or more but less than 10 grams of opium, morphine, heroin, cocaine, mj resin, shabu, MMDA, and 300 grams or more but less than 500 grams of marijuana 3. Imprisonment of 12 yrs and 1 day to 20 yrs and a fine ranging from P300, 000 to P400, 000 if the quantities of dangerous drugs are less than 5 grams of opium, morphine, heroin, cocaine, mj resin, shabu, MMDA, and less than 300 grams of marijuana. The Unlawful Acts Punishable by Death Penalty (Prior to the abolition of Death Penalty) 1. Importation or bringing into the Philippines of dangerous drugs using diplomatic passport or facilities or any means involving his/her official status to facilitate unlawful entry of the same (sec 4, Art II). 2. Upon any person who organizes, manages or acts as “financiers” of any of the activities involving dangerous drugs (sec 4, 5, 6, 8 Art II). 3. Sale, Trading, Administration, Dispensation, Delivery, Distribution and transportation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals with in 100 meters from the school (sec 5, Art II). 4. Drugs pushers who use minors or mentally incapacitated individuals as runners, couriers and messengers or in any other capacity directly connected to the dangerous drug trade (sec 5, Art II). 5. If the victim of the offense is a minor or mentally incapacitated individual, or should a dangerous drug and/or controlled precursors and essential chemical involved in the offense be the proximate cause of death of the victim (sec 5, Art II). 6. When dangerous drug is administered, delivered or sold to a minor who is allowed to use the same in such a place (sec 6, Art II). 7. Upon any person who uses a minor or mentally incapacitated individual to deliver equipment, instrument, apparatus and other paraphernalia for dangerous drugs (sec. 10, Art II). 8. Possession of dangerous Drugs during Parties, Social Gatherings or Meetings (sec. 13), and Possession of Equipment, Instrument, Apparatus and other Paraphernalia for Dangerous Drugs during Parties, Social Gatherings or Meetings (sec. 14) What is the Dangerous Drugs Board (DDB)? The DDB is the policy-making body and strategy-making body in the planning and formulation of policies and programs on drug prevention and control. (under the Office of the President) (sec. 77, Art IX) Composition: 17 members (3 as permanent, 12 as ex-officio, 2 regular members)(sec. 78, Art IX) 3 permanent members: to be appointed by the President, one to be the Chairman. 12 ex officio members: Secretary of DOJ, DOH, DND, DOF, DOLE, DILG, DSWD, DFA, and DepEd, Chairman of CHED, NYC, and the Dir.Gen of PDEA. 2 regular members: President of the IBP, and the Pres/Chaiman of an NGO involved in a dangerous drug campaign to be appointed by the President. The NBI Director the Chief of the PNP – permanent consultant of the Board. What are the Powers and Duties of the DDB? (sec. 81, Art IX) 1. Formulation of Drug Prevention and Control Strategy, 2. Promulgation of Rules and Regulation to carry out the purposes of this Act, 3. Conduct policy studies and researches, 4. Develop educational programs and info drive, 5. Conduct continuing seminars and consultations,
- 130. www.rkmfiles.net 130 6. Design special training, 7. Coordination with agencies for community service programs, 8. Maintain international networking. What is the PDEA? PDEA means Philippine Drug Enforcement Agency. It is the implementing arm of the DDB and responsible for the efficient and effective law enforcement of all the provisions on any dangerous drugs and/ or precursors and essential chemicals. Head: Director General – appointed by the President Assisted By: 2 Deputies Director General (one for Admin, another for Opns) – appointed by the President (sec. 82, Art IX). PDEA Operating Units: It absorbed the NDLE-PCC (created under E.O. 61), NARCOM of the PNP, Narcotics Division of the NBI, and the Customs Narcotics Interdiction Unit (sec. 86, Art IX). What are the Powers and Functions of the PDEA? (sec. 84, Art IX) 1. Cause the effective and efficient implementation of the national drug control strategy, 2. Enforcement of the provisions of Art II of this Act, 3. Undertake investigation, make arrest and apprehension of violators and seizure and confiscation of dangerous drugs, 4. Establish forensic laboratories, 5. Filing of appropriate drug cases, 6. Conduct eradication programs, 7. Maintain a national drug intelligence system, 8. Close coordination with local and international drug agencies. Other Features of R.A 9165 1. In the revised law, importation of any illegal drug, regardless of quantity and purity or any part therefrom even for floral, decorative and culinary purposes is punishable with life imprisonment to death and a fine ranging from P500, 000 to P10 million. 2. The trading, administration, dispensation, delivery, distribution, and transportation of dangerous drugs is also punishable by life imprisonment to death and a fine ranging from P500, 000 to P10 million. 3. Any person who shall sell, trade, administer, dispense, deliver, give away to another or distribute, dispatch in transit or transport any dangerous drugs regardless of quantity and purity shall be punished with life imprisonment to death and a fine ranging from P500, 000 to P10 million. But if the sale, administration, delivery, distribution or transportation of any of these illegal drugs transpires with in 100 meters from any school, the maximum penalty shall be imposed. Pushers who use minors or mentally incapacitated individuals as runners, couriers, and messengers or in dangerous drug transactions shall also be meted with the maximum penalty. A penalty of 12 yrs to 20 yrs imprisonment shall be imposed on financiers, coddlers, and managers of the illegal activity. 4. The law also penalizes anybody found in possession of any item or paraphernalia used to administer, produce, cultivate, propagate, harvest, compound, convert, process, pack, store, contain or conceal illegal drugs with an imprisonment of 12 yrs to 20 yrs and a fine of P100, 000 to P500, 000.
- 131. www.rkmfiles.net 131 5. Owners of resorts, dives, establishments, and other places where illegal drugs are administered is deemed liable under this new law, the same shall be confiscated and escheated in favor of the government. 6. Any person who shall be convicted of violation of this new law, regardless of the quantity of the drugs and the penalty imposed by the court shall not be allowed to avail the privilege provisions of the Probation Law (P.D. 968). (sec.58, Art VIII) Filing of charges against a drug dependent for confinement and rehabilitation under voluntary submission program can be made: 1. second commitment to the center 2. upon recommendation of the DDB 3. may be charge for violation of sec. 15 4. if convicted – confinement and rehabilitation Parents, spouse or guardian who refuses to cooperate with the Board or any concerned agency in the treatment and rehabilitation of a drug dependent may be cited for Contempt of Court (sec. 73, Art VIII). Anti-Drug Drives and Operational Concepts The Operational Plans (OPLANS) against the Drug Problem are: 1. Oplan Thunderbolt I –operation to create impact to the underworld 2. Oplan Thunderbolt II –operations to neutralize suspected illegal drug laboratories 3. Oplan Thunderbolt III – Operations for the neutralization of big time drug pushers’ drug dealers and drug lords. 4. Oplan Iceberg – Special operations team in selected drug prone areas in order to get rid of illegal drug activities in the area. 5. Oplan Hunter – operations against suspected military and police personnel who are engage in illegal drug activities. 6. Oplan Mercurion – Operations against drug stores, which are violating existing regulations on the scale of regulated drugs in coordination with the DDB, DOH and BFAD. 7. Oplan Tornado – Operations in drug notorious and high profile places. 8. Oplan Greengold – nation wide MJ eradication operations in coordination with the local governments and NGO’s. 9. Oplan Sagip-Yagit – A civic program initiated by NGO’s and local government offices to help eradicate drug syndicates involving street children as drug conduit. 10. Oplan Banat – the newest operational plan against drug abuse focused in the barangay level in cooperation with barangay officials. 11. Oplan Athena – operation conducted to neutralize the 14k, the Bamboo gang and other local organized crimes groups involved in illegal drug trafficking. 12. Oplan Cyclops – operations against Chinese triad members involved in the illegal drug operations particularly Methamphetamine Hydrocloride. In the conduct of anti-drug operations, the following must be strictly considered: 1. Respect for Human Rights (Sec. 11, Art. 2, Phil. Constitution) 2. Respect for right of the people to due process and equal protection (Sec. 1, Art. 3, Phil. Constitution) 3. Respect of Right of the people against unreasonable search and seizure. (Sec. 2, Art. 3, Phil. Constitution). 4. Respect for right of the people to privacy of communication (Sec. 3, Art. 3, Phil. Constitution). 5. Respect for constitutional rights of the accused undergoing custodial investigation (RA 7438), (Sec. 12, Art. 3, Phil. Constitution) 6. Respect for the statutory rights of the accused undergoing custodial investigation under RA 7438.
- 132. www.rkmfiles.net 132 The Principles of Drug Operations are: 1. Knowledge on circumstances on when to use necessary force (Art. 11, Chapter 3, RPC). 2. Knowledge on the statutory provisions on arrest (Rule 113, Rules on Criminal Procedures). 3. Knowledge on the administrative guidelines on arrest, search and seizure. 4. The Miranda Doctrine (384 U.S. 346) 5. Warrantless Search and Search incidental to lawful arrest (Rule 126, Rules on Criminal Procedure). National Campaign Strategies 1. Demand Reduction Strategy a. Preventive education and information campaigns to prevent further demand of society particularly the youth. b. Treatment and rehabilitation of drug dependents. 2. Supply Reduction Strategy a. Dangerous Drug Law enforcement b. Judicial and Legislative measures Operational Plans against the Drug Problem 1. Oplan Thunderbolt I – operations to create impact to the underworld. 2. Oplan Thunderbolt II – operations to neutralize suspected illegal drug laboratories. 3. Oplan Thunderbolt III – operations for the neutralization of big time drug pushers, drug dealers and drug lords. 4. Oplan Iceberg – special operations team in selected drug prone areas in order to get rid of illegal drug activities in the area. 5. Oplan Hunter – operations against suspected military and police personnel who are engaged in illegal drug activities. 6. Oplan Mercurio – operations against drug stores, which are violating existing regulations on the scale of regulated drugs in coordination with the DDB/DOH and BFAD. 7. Oplan Tornado – operations in drug notorious and high profile places. 8. Oplan Greengold –nationwide MJ eradication operations in coordination with the local governments and NGO’s. 9. Oplan Sagip-Yagit – A civic program initiated by NGO’s and local government offices to help eradicate drug syndicates involving street children as drug conduits. 10. Oplan Banat – the newest operational plan against drug abuse focused in the barangay level in cooperation with barangay officials. Rules on Narcotics Operations General Rules and Procedures: 1. Only specially trained and competent drug enforcement personnel shall conduct drug enforcement and prevention operations. 2. All drug enforcement and prevention operations shall be covered by a Pre-Operations report. 3. All steps taken before, during, and after the conduct of the operation must be documented and properly authenticated. 4. Operating units shall promptly submit written a report after the operation. 5. No apprehendee or seized item shall be released without authorization from the duly designated authority. 6. All pieces of evidence confiscated will be deposited with the proper Evidence Custodian for safekeeping and proper handling. 7. Each participating element must be given clear and do-able task.
- 133. www.rkmfiles.net 133 Coverage of the Rules 1. Coverage: The rules covers the following anti-narcotics operations. a. Buy-bust Operations b. Search with warrant c. MJ Eradication d. Mobile Check point Operations e. Airport/Seaport Interdiction f. Controlled delivery g. Undercover Operations h. Narcotics Investigation 2. Stages of Operations: Phase I – Initial stage Planning and preparations which include surveillance, casing, reconnaissance and other preliminary activities. Conduct the operation Phase II – Action and post-action stage Tactical interrogation (follow-up operation) Post operation Custodial Investigation Prosecution Trial Resolution Buy-Bust Operations a. Concept: It is a form of entrapment employed by peace officers as an effective way of apprehending a criminal in the act of the commission of the offense. Entrapment has received judicial sanction as long as it is carried with due regard to constitutional and legal safeguards. b. Planning and Preparation: The operation must be preceded by an intensive surveillance, casing, or other intelligence operations and gathering, evaluation and timely dissemination. Intelligence must be evidence- based and shall be supported by documents such as summaries of info, maps, sketches, affidavits and sworn statements. Search For Drug Evidence with Warrant a. Concept: A search warrant 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 bring it before the court. (Sec. 1, Rule 126, Revised Rules of Court) b. Planning and Preparation: 1. Prior to the procurement of search warrant, intensive intelligence data gathering must be undertaken, evidence-based and supported by credible documents. 2. Conduct of surveillance, casing, and other intelligence operations. 3. Identification, movement, activities and location of suspects should be established. 4. Search warrant shall be applied with competent court
- 134. www.rkmfiles.net 134 5. Conduct of Operation 6. Submission of reports Marijuana Eradication a. Concept: Marijuana eradication involves the location and destruction of marijuana plantations, including the identification, arrest and prosecution of the planter, owner or cultivator, and the escheating of the land where the plantations are located. b. Planning and Preparation: The planning and operation shall be preceded by intelligence gathering to verify the existence of marijuana plantation and the existence to be supported by documentary evidence such as summary of information, maps, sketches, photographs and others. The intelligence gathering must be appropriately documented by pre-operations orders and after-casing reports. c. Conduct of Operation: 1. Briefing, rehearsals, and proper formations. 2. Exact location of the plantation must be established. 3. Identify owner of the land or the cultivators. 4. Coordination with other operating units in the area. 5. Barangay eradication team should be organized. 6. Strict compliance with SOPs under Rules of Opns. Mobile Checkpoint Operations a. Concept: No other forms of checkpoints other than mobile checkpoints are authorized for drug enforcement and prevention operations. They shall be established only in conjunction with on-going operations/situation or when there is a need to arrest a criminal. b. Planning and Operation: Intensive intelligence gathering supported by credible documents, with proper pre- operations orders and after surveillance or after casing reports. c. Conduct of Operations shall be in consonance with the existing SOPs on checkpoint operations. Airport and Seaport Interdiction a. Concept: Airport and seaport interdiction involves the conduct of surveillance, interception and interdiction of persons and evidence during travel by air or sea vessels. b. Planning and Operation: Intensive intelligence gathering supported by credible documents, with proper pre- operations orders and after surveillance or after casing reports. c. Conduct of Operations 1. Coordination with airport and seaport authorities. 2. Operations shall be in consonance with the existing SOPs on airport and seaport checks/operations. Controlled Delivery a. Concept: This is the technique of allowing illicit or suspect consignment of narcotic drugs, psychotropic substances or substances substituted for them to pass out of, through or into the territory of one or more countries, with the knowledge and under the supervision of their competent authorities with a view to identifying persons involved in the commission of drug related offenses. International cooperation in facilitating the controlled delivery of illicit drugs is considered the most effective means to neutralize transnational criminal syndicates.
- 135. www.rkmfiles.net 135 b. Planning and Operation: Intensive intelligence gathering and evaluation to determine the applicability of controlled delivery operations. It must be supported by credible documents, with proper pre-operations orders and after surveillance or after casing reports. A committee or board shall be constituted to study the project proposal for the suitable employment of a controlled delivery operation. c. Conduct of Operations 1. Proper formation for accounting of personnel 2. Coordination with airport, seaport and other travel agency authorities. 3. Operations shall be in consonance with the existing SOPs on controlled delivery operations. Undercover Operations a. Concept: Undercover operation is an investigative technique in which the personnel involve assumes different identities in order to obtain the necessary information. This technique may also be considered as a method of surveillance. b. Planning and Operation: Undercover operations shall be resorted to only under circumstances where evidence can be hardly obtained in an open investigation or when an open investigation is unsuccessful. c. Conduct of Operations 1. Proper briefing and rehearsals. 2. Identification of effective cover and undercover. 3. Buy-bust or search with warrant operations. 4. Operations shall be in consonance with the existing SOPs on Undercover operations. Narcotic Investigation a. Concept: Narcotic investigation is a necessary tool employed by drug enforcement agencies in building up relevant and competent evidence, which are vital in the development of a drug case. Several investigative techniques may be utilized for the successful attainment of the operation. This include but not limited to use of informants, interviewing, interrogation, surveillance operations and undercover operations. b. Planning and Operation: The most effective way of investigative technique or combination of two or more or all techniques under a given situation and setting that shall be determined by considering the magnitude of drug law violations. c. The conduct of investigation shall follow the basic steps in criminal investigation and detection. The application of the following: 1. Initial Investigation 2. Tactical Investigation (Follow-up) 3. Post Operations 4. Custodial Investigations 5. After Investigation and Inquest d. Prosecution and filing of the case e. Trial of the case
- 136. www.rkmfiles.net 136 THE TREATMENT AND REHABILTITATION APPROACH A. Assisting the Drug Abuser 1. Treatment - the medical service rendered to a client for the effective management of physical and mental conditions related to drug abuse. Aims of treatment a. To prevent death from overdose. b. To treat complications following drug dependency. c. To make them comfortable during the withdrawal period. d. To encourage confirmed drug dependent clients to undergo rehabilitation and other specialized services. Detoxification - it is a medically supervised elimination of drugs from the system of any addicted person. Methods of Detoxification includes: 1. Cold Turkey 2. Substitution – the use of methodex, catapres, haemasin, dextropropoxyphene, tranquilizer, etc. 3. Reduction Method – using the same drug to which the patient is dependent. The process could be gradual or rapid. 4. Acupuncture 2. Rehabilitation - the dynamic process directed towards the physical, emotional/psychological, vocational, social and spiritual change to prepare a person for the fullest life compatible with his capabilities and potentialities, and render him able to become a law abiding and productive member of the community without abusing drugs. Objectives: To restore an individual to a state where he is physically, psychologically and socially capable of coping with the same problems as others of his age group and able to avail of the opportunity to live a happy, useful and productive life without abusing drugs. Modalities: a. Multi-disciplinary Team Approach b. Therapeutic Community Approach c. Primal Scream Therapy d. Spiritual Approach e. Eclectic Approach f. The 12 Steps of AA/NA Methods of Rehabilitation 1. Psychotherapeutic Methods a. Individual Therapy – This involves a one to one relationship whose aim is to help the patient reduce his drug abusing behavior and develop insight into his condition. b. Group Therapy – This is a form of therapy where the individual is helped through group process. Each member of the group receives immediate feedback from the other members regarding his verbal and other forms of behavior. Group support and encouragement are
- 137. www.rkmfiles.net 137 given to the subject on the premise that these are effective devices, which can produce positive results toward behavioral modification. c. Unstructured Group Therapy – The role of the therapist can be assumed by the entire group or group members. In the therapeutic community, group therapy is commonly used, among others, through (a) group encounter, (b) verbal haircut (tongue lashing reprimand), (c) group games, and (d) family encounters. The Family Therapy – This form of intervention is based on recognition that while the family as a primary social unit, can be a source of problem leading to drug abuse, can also be a powerful factor in improving the behavior of the drug dependent. Family therapy may include restructuring of the family, environmental manipulation, strengthening family communication, and discovering other means of family communication, and discovering potentials of family members to help facilitate the rehabilitation of the drug dependent. 2. The Spiritual and Religious Means - development of moral and spiritual values of the user. 3. The Follow-up and After – Care The process of rehabilitation does not end upon the release or discharge of client from a center. After his discharge, he has to undergo follow-up and after-care services for a period of not more than 18 months by the appropriate center personnel. The Department of Social Welfare and Development (DSWD) and the National Bureau of Investigation (NBI) are deputized agents of the board to handle this. A Transfer Summary of the case from the rehabilitation facility is necessary and should be forwarded to the entity undertaking the follow-up and after-care services. The Social Worker of the receiving entity assigned to the case shall maintain a close contact with the client, family, the accredited physician attending to the case, and the police, for the purpose of assisting the client maintain his progress towards adjusting to his new environment. He shall also see to it that a regular laboratory examination of the client’s body fluids is made to ensure that the client remains drug-free. Duration of Rehabilitation - If the patient is found to be an opiate abuser, the treatment prescribed shall be for a period of not less than six (6) months. Criteria of Rehabilitation a. The patient achieves a drug-free existence. b. He becomes adjusted to his family and peers. c. Socially integrated to the community. d. The client is not involved in socially deviant behaviors. B. DIAGNOSTIC GUIDELINES A definite diagnosis of dependence should only be made if three or more of the following have been experienced or exhibited at some time during the previous year. 1. A strong desire or sense of compulsion to take the substance. 2. An impaired capacity to control substance-taking behavior in terms of its onset, termination, or levels of use. 3. Substance used with the intention of relieving withdrawal symptoms and with awareness that this strategy is effective. 4. A psychological withdrawal state. 5. Evidence of tolerance such that increased doses of the substance is required in order to achieve effects originally produced by lower doses. (Clear examples of this are found in alcohol and opiate dependent individuals who may tale daily doses of the substance sufficient to incapacitate or kill non-tolerant users).
- 138. www.rkmfiles.net 138 6. A narrowing of the personal repertoire of patterns of substance use (e.g. tendency to drink alcoholic drinks in the same way on weekdays and weekends and whatever the social constraints regarding appropriate drinking behavior). 7. Progressive neglect of alternative pressures or interests in favor of substance use. 8. Persisting with substance use despite clear evidence of overtly harmful consequences. (Adverse consequences may be medical as with harm to the liver through excessive drinking, social as in the case of loss of a job through drug-related impairment of performance, or psychological as in the case of depressive mood states consequent to periods of heavy substance use). THE EDUCATIONAL APPROACHES Drug Abuse Prevention Education Drug abuse prevention education is concerned with bringing about changes in the people’s knowledge, attitudes and practices towards drug abuse. It utilizes a variety of approaches and methods whereby people go through teaching-learning process, and which may be planned, implemented and evaluated through the barangay organized groups and other organizations and agencies in the community. There are six known strategies in drug abuse prevention, which are the following: 1. Drug Education – learning situations during seminar-workshops, symposiums and lecture forums, which take up values clarification, leadership training, coping skills and decision-making. It is a movement, which utilizes humanistic techniques in both school-based and community oriented drug abuse prevention programs. 2. Drug Information – it is an activity, which focused on the dissemination of basic facts of the causes and effects of drug abuse with the objective of creating awareness and vigilance of the people in the community. It includes the following information drive activities: a. Youth-Adult Communication - parent-youth dialogues - family encounters b. Info-Oriented Classroom/Community Activities - Contest in the school/community – essay, slogans, posters, cartoon, play writing. c. Broadcast Media: TV/Radio or Printed - plugs, films, slides, spot announcement, music programming, newsletter, comics, leaflets/brochures, magazines, other publications. 3. Alternatives – this includes a number of ideas for stimulating meaningful involvements for the youth that can compete successfully with the demands of drugs and alcohol. Primarily the emphasis should be on service or constructive and productive pursuits and recreational activities that are usually community-based such as: a. Voluntary service works b. Income producing activities c. Sports, arts development: theater – choral/dance groups d. Community fair/contest e. Other recreational activities: development of physical, emotional interpersonal, mental-intellectual, social, spiritual, and all aspects of behavioral development. 4. Interventions – this strategy is applied to experimenters and potential drug abusers. Activities like peer or group counseling should be encouraged in every community. It is applied to the individual/group, which needs specific assistance and support.
- 139. www.rkmfiles.net 139 The techniques or activities recommended for intervention are: a. Peer counseling b. Hot lines c. Cross-age tutoring d. New peer group creation B. Peer and Cross-age Tutoring and Counseling Peer and cross-age tutoring and counseling enable the person/student to assume adult and mature roles, to become actively involved in their own learning and in other’s learning and to take on a “real world” responsibility. It can provide a meaningful “work” in the school setting to the students who might otherwise suffer from low self-esteem and a general lack of involvement with school or cross-age tutoring and counseling programs. The program is focused on: a. Life Career Planning – the preparation towards a comprehensive career education helps young people to make the right choices. b. Parenting and Family Communication – activities that fosters better understanding and wholesome family relationship. C. Effective Techniques and Learning Activities 1. Values Formation or Development – the articulation of personal values. Its process includes choosing from alternatives and repeatedly and consistently acted upon. 2. Role Playing – a technique used to help students identify more closely with historical figures or characters in literature, which will help them at sensing problems and testing solutions with out taking any great risk. 3. Decision Making and Problem solving – techniques using conflict resolutions focused on group problems, which help the students in identifying possible alternatives to solve the problem. 4. Individual Contact – the basic principles in working with an individual with the emphasis of making him feel at ease, involving him by asking questions, supplying with the necessary information and arriving at a decision that will end to action. It is carried out by: a. person-to-person relationship or individual counseling b. House/Office visits c. Telephone calls or by letters d. Information conversation or dialogues 5. Small Group Approach – involves contact with a number of people assembled in isolated group or in one of a series of related groups. This technique can be carried out by: a. Lecture – one way discussion b. Small group discussion –mutual interchange of ideas or opinions between the small group c. Symposium – group of talks, speeches or lectures presented by several individuals on various phases of a single subject. d. Panel Discussion – discussion before an audience by a selected group of persons expressing a variety of view points under a moderator e. The Buzz Session – the count off procedure f. Seminars, simulation games, debate, field trips 6. Community Approach – this involves working together about their common problems, identify these and implement the kind of action patterns for the solution of the problems. This technique can be carried out by: a. Community assemblies and barangay fairs b. Sport festivals or on test in the community c. Church related activities
- 140. www.rkmfiles.net 140 INTERNATIONAL COOPERATION APPROACH The UNDCP The United Nation International Drug Control Program (UNDCP) was established in 1991 pursuant to General assembly Resolution 45/179 of 21 December 1990. The UNDCP is mandated by the General Assembly with the exclusive responsibility leadership for all United Nation Drug Control activities in order to ensure coherence of actions, coordination, and non-duplication of such activities in the United Nation System. The UNDCP assists government in fulfilling their obligation under the existing regulatory structures so that they can become parties to these conventions. The UNDCP Resources for Operations The financial resources come from the regular budget of the United Nation and voluntary contributions of the U.N members. UNDCP in SEA UNDCP is created in the different field offices in Laos and Burma (Myanmar), which handles national programs while Thailand, handles Regional programs. Master Plan Approach This involves encouraging and assisting governments in undertaking a thorough analysis of drug problems with in a country or region, the identification and assessment of all anti-narcotics intervention undertaken and planned. It also involves the identification of needs for new projects and activities. Measures Undertaken in SEA 1. Enhancement of Capital Punishment 2. ASIAN Drug Official group meetings/Conventions against Drug Abuse 3. Instant Urine Test Machine 4. Denial of Passport on all drug offenders upon released from prison 5. Use of Narcotic Drug Detector 6. ASEAN Cooperation on against Drug Trafficking Drug Outlook in the ASEAN Countries (Major Contributors) 1. Thailand – the training center for: a. undercover operations b. investigations c. informant handling d. surveillance e. other enforcement techniques 2. Philippines - the adoption of the Drug Demand Reduction Strategy and Supply Reduction Strategy. The Drug Supply strategy is carried out by the conduct of anti- narcotics operations (raids on plantations, laboratories, etc); arrest, search and seizure; surveillance and other intelligence operations; legislative and judicial measures. The Demand Reduction strategy is carried out by the conduct of information and educational drives and the treatment or rehabilitation of drug addicts.
- 141. www.rkmfiles.net 141 3. Malaysia - The Asian treatment and rehabilitation training center is sponsored by the International Labor Union located in Malaysia. Malaysia then is considered as the training center for treatment and rehabilitation of drug abusers in Asia. 4. Singapore - Singapore is responsible in the area of research as part of the Asian anti-narcotic work. The urine test project was adopted with the aim to train chemist from ASEAN members in the techniques of mass urine screening. SOCIETAL ROLE IN DRUG ABUSE PREVENTION Different sectors of society play vital roles in preventing drug abuse. All should exert concerted efforts to fight the spreading tentacles of this menace. A. The Individual The primary role of the individual is to improve his personality and develop traits and characteristics that would help him build-up his self-concept, thereby making himself confident. He should develop strong spiritual and moral values, sharpen his skills in making decisions, and strengthen his will power. He should improve his physical qualities as well as his mental faculties. What a person can do to prevent drug abuse? 1. Maintain good physical and mental health. 2. Use drugs properly. Most drugs are beneficial when used under medical advice. 3. Understand himself. Accept and respect himself for what he is. 4. Develop potentials. Engage in wholesome, productive and satisfying activities. 5. Learn to relate effectively with others. Talk to others regarding problems. 6. Learn to cope with problems and other stresses with out the use of drugs. 7. Seek professional help regarding problems that are hard to cope with. 8. Develop strong moral and spiritual values. B. The Family The Role of Parents Parents are looked upon by their children as models. The parents should: 1. Create a warm and friendly atmosphere in the home. 2. Develop effective means of communication with their children. 3. Understand and accept the children for what they are and not for what they want them to be. 4. Listen to their children, respect for their opinions, and guide them in making decisions. 5. Praise their children for whatever positive achievement they have accomplished no matter how trivial this may seem. 6. Take time to be with their children no matter how busy they are. 7. Strengthen moral and spiritual values. C. The School Next to the home, the school is the child’s next impressive world. Here, the child moves about in a bigger social environment predominantly made up of his peers and teachers. As part of a broader social process for behavior influence, it is said that the school is an extension of the home having the strategic position to control crime and delinquency. It exercises authority over every child as a constituent. The teachers are considered second parents having the responsibility to mold the child to become productive member of the community by devoting energies to study the child behavior using all available scientific means and devices in an attempt to provide each child the kind and amount of education they need.
- 142. www.rkmfiles.net 142 The school take the responsibility of preventing the feeling of insecurity and rejection of the child which can contribute directly to maladjustment and to criminality by setting up objectives of developing the child into a well integrated and useful, law abiding citizens. The school has also the role of working closely with the parents and neighborhood, and other community agencies and organizations to direct the child in the most effective and constructive way. D. The Church The church is also committed to fight against drug abuse. Religion is a positive force for humanitarian task of moral guidance of the youth. It is the social institution with the primary role to strengthen faith and goodness in the community, an influence against crime and delinquency. The church influences people’s behavior with the emphasis on morals and life’s highest spiritual values, the worth and dignity of the individual, and respect for person’s lives and properties, and generate the full power to oppose crime and delinquency. Just like the family and the school, the church is also responsible to cooperate with institutions in the community in dealing with problems of children, delinquents and criminals as regards to the treatment and correction of criminal behaviors. D. The Police The police are one of the most powerful occupation groups in the modern society. The prime mover of the criminal justice system and the number one institution in the community with the broad goals of maintaining peace and order, the protection of life and property, and the enforcement of the laws. The police are the authority having a better position to draw up special programs against drug abuse and crime in general because it is the very reason why the police exist. That is to protect the society against lawless elements since they are the best equipped to detect and identify criminals. The police are the agency most interested about crime and criminals and having the most clearly defined legal power authority to take action against them. E. The Government and the other Components of the CJS The government and the other components of the criminal justice system is the organized authority that enforces the laws of the land and the most powerful in the control of people. Respect for the government is influenced by the respect of the people running the government. When the people see that public officers and employees are the first ones to violate the laws, people will refuse to obey them, they set a bad example for others to follow and create an atmosphere conducive to crime and disrespect for the law. In this regard, the government itself indirectly abets the commission of crimes. F. The Non-Government Organizations The group of concerned individuals responsible for helping the government in the pursuit of community development being partners of providing the common good and welfare of the people through public service. When the government is inefficient and unable to provide the necessary goods and services to the people, these non- government organizations are good helpers in providing the required services, thus preventing drug abuse. G. The Mass Media The media is the best institution for information dissemination thereby giving the public the necessary need to know, and do help shape everyday views about drug abuse, its control and prevention.
- 143. www.rkmfiles.net 143 SUBSTANCE ABUSE A. ALCOHOL Alcohol is colorless, tasteless clear liquid, which gives a burning sensation to the mouth, esophagus and stomach. Like many drugs, alcohol is toxic. It can poison the human body if taken in large amounts or in combination with other drugs. Alcohol is a depressant not stimulant. There are two kinds of alcohol – methyl and ethyl alcohol. Methyl alcohol is ver poisonous and is not put in drinks but is use in some industries. Ethyl alcohol is used in alcoholic drinks, which are made by breweries. This occurs when germs called yeast act on sugars in food to produce alcohol and carbon dioxide. Fermented brews and spirits contain different amounts of alcohol. The amount in beer is less than in other drinks. It varies from 2.5% to 8% in different countries. Types of Drinkers 1. Occasional Drinker – drinks on special occasions or uses alcohol as a home remedy, takes only a few drinks per year. 2. Frequent Drinker – drinks at parties and social affairs. Intake of alcohol may be once a week or occasionally reaches three or four times per week, uses beverages to release inhibitions and tensions. 3. Regular Drinker – may drink daily or consistently on weekends, usually comes from cultural background where wine or beer is used with meals to enhance the flavor of the food. 4. Alcohol Dependent – drinks to have good time, excessive drinking occurs occasionally but drinker may not become alcoholic. 5. Alcoholic – has lost control of his use of alcohol. Alcohol assumes primary goal in his life, even to the exclusion of physical health and interests of family and society in general. Motives for Drinking 1. Traditional – social and religious functions. 2. Status – symbol of success and prestige. 3. Dietary – dining incomplete without wine, integral part of today’s way of “gracious living”. 4. Social – release tensions and inhibitions so user can tolerate and enjoy another’s company. 5. Shortcut to Adulthood – user unsure of maturity, drinks to prove himself. 6. Ritual – fosters group feeling, cocktail parties, toasts made to brides, wishes for good health. 7. Path of least Resistance - doesn’t want to drink but doesn’t want to abstain so goes along with everyone else. EFFECTS OF ALCOHOL ON THE BODY When a person drinks alcohol, it passes down to the stomach. Here, unlike foods we eat, it does not need to be digested or broken down by juices in the stomach. It is absorbed easily into the blood stream and most of it stays in the blood. While in the blood stream, the alcohol is carried around the body many times as the heart pumps blood through the vessels. The alcohol stays in the blood and can only be passed out of the body when the liver changes it. A healthy liver takes approximately one hour to change the alcohol in one bottle of beer. While the liver is trying to remove the alcohol, the alcohol is having effects on body functions. The Brain and the Nervous System - The nerves are like telephone wires coming out of the control system in the brain and spinal cord. They send and receive messages from all parts of the body. Alcohol slows down the work of the brain cells and stops proper messages being sent to the rest of the body. Alcohol stops people behaving correctly to other people. They may do whatever comes first into their minds. They may say things that do not make sense or behave rudely to others. They may also have feelings of increased personal or social power. This is because their thinking is slowed down and not because it has sparked up. They are less able to cope with situations where drinking is needed.
- 144. www.rkmfiles.net 144 As the level of alcohol becomes higher in the blood, brain and nerve cells die from the poisonous or toxic effects of the alcohol. Unlike other body cells, once a brain cell is destroyed it is never replaced. As more and more of these brain cells are destroyed from repeated drinking over a period of years, the person’s thinking becomes cloudy. His feelings about things also change. He also will get a burning feeling and pain or numbness in his hands and feet from the death of nerve cells. After heavy drinking, and when the pain killing effects of the alcohol are removed, the person may suffer from a hangover. A hangover is the word used to describe the terrible pain and horrible effects, which follow a period of heavy drinking. Stomach and Intestines - Alcohol damages the stomach and intestines and makes them sore. This can cause a burning sensation, nausea and vomiting. Sometimes there is bleeding. Liver a. The first thing the liver does is to turn part of the alcohol into fat. Some of this goes into the blood, but a lot builds up in the liver cells. After drinking six (6) medium-sized glasses of beer everyday for a few days, fat is formed in the liver. b. To cope with the extra work of getting rid of the alcohol, the liver becomes larger. c. As the liver enlarges, the person gets more used to the effects of alcohol in the body. A person can drink larger amounts of alcohol without getting drunk. This effect is called tolerance to alcohol. However, the alcohol is still doing its damage. d. As the liver enlarges, it changes they way other drugs and medicines work in the body. So it can be dangerous to take medicines with alcohol. e. While the liver enlarges, some of the liver cells are damaged. The liver can become permanently damaged. As the alcohol poisons the cells of the liver, they die. If many of these cells die, the person may get what is called “ALCOHOLIC HEPATITIS”. f. Scar tissue is formed where the liver cells die. This means the liver doesn’t work so well. This is called “CIRRHOSIS”. g. People with scarred livers can get a swollen abdomen, swollen feet and hands and may bleeding from inside the body. Waste products build up in the body and give a yellow color to the skin and eyes (jaundice). This also affects the brain so that a person may become unconscious and die. Heart and Muscles - Alcohol affects the heart and other muscles so that they become weaker and less effective. This makes people tired and breathless. Blood - The activity of the liver I trying to get rid of the alcohol results in many changes to the blood – for example – blood sugar is lowered and blood fats are increased. Kidneys - Alcohol decreased the ability of the kidneys to get rid of some waste products. Sexual Activities - After the excessive use of alcohol, the ability to have satisfactory sexual activity is decreased. Malnutrition - The illness that occurs when a person doesn’t have enough food to eat or eats the wrong kind of food. The person who drinks alcohol may suffer from malnutrition because: a. He spends his time, money and energy in drinking. He may not eat the proper foods. b. Drinking alcohol decreases a person’s desire to eat. c. Alcohol burns the stomach and bowel so that food eaten is not used well by the body. d. If the liver is damaged, some important vitamins are not produced. Malnutrition in itself causes further liver damage, which makes the condition even worse. The result of all these are that the heavy drinker gets weak because of lack of energy and body building food. His body defenses are weakened against infections such as pneumonia, tropical ulcers and tuberculosis. The person may get severely emotional disturbed. The nerves in his arms or legs may be damaged so that he may not feel what he is touching. He may not walk properly and may keep falling over.
- 145. www.rkmfiles.net 145 Alcohol effect on General Behavior Drinking affects a person’s behavior. Most of the changes are due to the effect of alcohol on the brain and nerves. The effects of alcohol depend on how much there is in the blood. A large person has to drink more than small person to produce the same level of alcohol in the blood. Alcohol Effects on the Community Because drinking affects people’s behavior, it has effects on the community as a whole. a. Trouble in the Home – Heavy drinkers takes money needed for food, clothes and furniture. This causes debts. Husbands and wife fight and accuse each other of being unfaithful. There will be often be sexual problems. Children are badly treated and badly fed. And drinking makes people lazy and they may not go to work. Women may have to steal food to feed their families. b. Trouble among Friends – The heavy drinker will often fight with his friend and may even kill people. c. Trouble at Work – The heavy drinker often does not go to work because he feels sick. He sometimes works badly and hurts himself or others. 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 drinking can not play well as he should. e. Trouble on Roads – The driver has lost his judgement, he is careless and takes risks. Accidents result. A person who is drunk may walk onto the road and be killed by a motor vehicle. f. Trouble with Crime – excessive drinking is the biggest cause of crime. People become aggressive, fight, break into houses and steal. g. Trouble with the Economy and the Nation - The economy is badly affected when people do not go to work and production falls. Heavy demands are made on health services, the police force and correctional institutions. Alcoholism is burden to the government. Alcohol Dependence A person who drinks a lot can become a dependent on alcohol. This means he can not live without it. If he tries to stop drinking, he will have the shivers and shakes and feels very bad. He may also experience acute anxiety or fear, delirium and hallucinations. Prevention of Alcohol Problem Solely treating people with medications can not control problem drinking and alcoholism. Treatment should be coupled with proper education both in the schools and in the adult community to develop the nation habits of moderation in the use of alcoholic beverages. It requires investigation and testing of social policies on the control of the distribution of alcohol as well as the effective implementation of these prevention policies. TOBACCO Facts about Tobacco Smoking The use of tobacco is one of the foremost public health problems in the world today. Tobacco had for centuries been used all over the world as a way of increasing the enjoyment of life or as an aid in coping with some of its problem. The World Health Organization estimates that around the world one person dies every 13 seconds from tobacco-related diseases. Doctor’s cite 50,000 scientific studies from various independent bodies that have proved beyond doubt that smoking is responsible for around 90% of all cases of lung cancer, 95% of all cases of chronic bronchitis and emphysema, and 25% of heart conditions in men under 65 years of age. The World Health Organization Advisory Panel on Smoking 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 unborn. The Philippine Obstetrical and Gynecological Society notes that premature
- 146. www.rkmfiles.net 146 in infants of mothers who smoke is three times more common than in mothers. Spontaneous abortion is likewise more common in smoking mothers. Too often, the smoking habit begins in the early teens or even earlier. Becoming a smoker may have the immediate value to some teenagers of being accepted by their peers, feeling more mature because smoking is an adult behavior to the child providing level of psychological stimulation and pleasure and might even serve the function of an cat of defiance to authority figures. General Effect of Tobacco Smoking The effects of tobacco smoking consist primarily of ill-health and of human suffering. These necessarily, too, the productivity of the work force, the need for medical care and other variables. Thus smoking impairs society’s total well-being and posses substantial economic loss to the nation. Properties of Tobacco Cigarette smoke contains over 2,000 different chemicals and gases whixh can produce coughing, broncho spasm, increased mucus secretion. NICOTINE – It is the most important active ingredient in controlled doses. It is an extremely toxic substance. A typical cigarette contains 1-2 mg of nicotine. When smoked, less than 1 mg from each cigarette is filtered or not depending on the characteristics of the filter, the depth and frequency of inhalation and the length of the butt. Effects of Smoking on the Following Cardiovascular System Increases in heart attack risk with amount smoke Increases heart rates 15-25 beats with one to two cigarette. Constricts small arteries causing higher blood pressure. Increases chance of developing peripheral vascular diseases. Causes carbon monoxide from smoke to rob oxygen carrying potential of blood. Causes increase of free fatty acids in blood which may be related to heart attack. Respiratory System Increases risks of developing lung cancer ten-fold for the average of one pack a day smoker. Increases lung cancer risk with amount, with length of time smoked and early age starting. Major factor identified in the development of lung cancer Only one in twenty lung cancer victims is saved from death per year Lung cancer deaths slightly exceed traffic deaths per year A major cause of chronic bronchitis Increases risk of dying of chronic bronchitis and emphysema about six fold. Tends to paralyze bronchial cilia and stimulate production of mucus. Eventually destroys ciliary structure cleansing system predisposing to respiratory infections Increases in abnormal cell growth in bronchial tube walls with increase in basal cell layers and thickening Causes closing of the bronchi, reducing effective breathing space.
- 147. www.rkmfiles.net 147 Increased Mortality from other Causes Increase cancer of the larynx, the mouth, bladder and the esophagus. Increase in ulcer deaths, death from cirrhosis. Increase in kidney problems. Over all Morbidity and Mortality Greater incident of infant pre-maturity and mortality. Life expectancy is expected to reduce by about 14 minutes per cigarette smoked. Reproductive System Women who smoke during pregnancy increase the risk of still birth and prenatal mortality, and the child physical and intellectual is delayed Women who smoke causes menopause in early age than in normal. Male smokers, penile arteries become constricted bringing about slower erection time, impotence in 1 in 4 heavy smokers versus 1 in 12 non- smokers. Smoking fathers may beget children who may suffer from brain tumor, leukemia and other abnormalities due to decreased number of spermatozoa. Measures to Reduce Smoking Government support of anti-smoking campaign demonstrates commitment to the eradication of health problems related to smoking 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: prohibition of sales in minor prohibition of smoking in schools and other places frequented by the young restriction on advertising and promotion of tobacco products especially those aimed at young people health education at both primary and secondary levels of schools use of fiscal policies to increase the price of tobacco products health warnings on cigarette packets Collaboration with the media to deglamorize the image of the smoker.
- 148. www.rkmfiles.net 148 NARCOTIC INVESTIGATION Since narcotic use has direct link with criminal activities, investigation of this must be specialized. The following are some reasons why it has to be investigated in a specialized manner: 1. Illicit drug underworld is specialized and syndicated. 2. The underworld organization is composed of and operated by selected and highly proficient members of the elite. 3. Drug addicts are clannish and they represent a rare group of individuals. 4. Drug abusers and or addicts have their own lingo and way of life. 5. The illicit drug trade is completely underworld in conception and operation capable to espionage or subversive operations; it is a hidden crime where there is rarely a complainant. Considerations in Narcotic and Investigation The Violation a) Republic Act No. 9165 (The Comprehensive Dangerous Drug Act of 2002) - Under this law, the following are punishable: 1. Importation of Dangerous drugs and/or Controlled Precursors and Essential Chemicals; 2. Sale, Trading, Administration, Dispensation, Delivery, Distribution and transportation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals; 3. Sale, Trading, Administration, Dispensation, Delivery, Distribution and transportation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals; 4. Maintenance of a Den, Dive or Resort where dangerous drugs are used or sold in any form; 5. Being an employee or visitor of a den, dive or resort; 6. Manufacture of dangerous Drugs and/or Controlled Precursors and Essential Chemicals; 7. Illegal Chemical Diversion of Controlled Precursors and Essential Chemicals; 8. Manufacture or Delivery of Equipment, Instrument, Apparatus and other Paraphernalia for Dangerous Drugs and/or Controlled Precursors and Essential Chemicals; 9. Possession of Dangerous Drugs; 10. Possession of Equipment, Instrument, Apparatus and other Paraphernalia for Dangerous Drugs; Possession of dangerous Drugs during Parties, Social Gatherings or Meetings; 11. Possession of Equipment, Instrument, Apparatus and other Paraphernalia for Dangerous Drugs during Parties, Social Gatherings or Meetings; 12. Use of Dangerous Drugs; Cultivation of Plants classified as dangerous drugs or are sources thereof; 13. Failure to comply with the maintenance and keeping of the original records of transaction on any dangerous drugs and/or controlled precursors and Essential Chemicals on the part of practioners, manufacturers, wholesalers, importers, distributors, dealers, or retailers; 14. Unnecessary Prescription of Dangerous Drugs; 15. Unlawful Prescription of Dangerous Drugs The Violators – The Persons of Importance a) The Addict or User - A “user” is one who injects, intravenously or intramuscularly, or consumes, either by chewing, smoking, sniffing, eating, swallowing, drinking, or otherwise introducing into the physiological system of the body, any of the dangerous drugs. An “addict” is one who habitually uses dangerous drugs. 1. Determine his history. 2. Has he just used or administered the drug? Get urine and, if possible, blood samples for analysis within 24 hours after administration. 3. Is he in possession of the drug? 4. Determine the reason for possession. Is it for sale or for own consumption? 5. If possession is for reason other than personal use, he must be accordingly charged under RA 6425.
- 149. www.rkmfiles.net 149 6. Is he suffering from the signs and symptoms of drug abuse? This will guide the investigator to determine whether the violator is an addict or not. b) The Pusher - “Pusher” refers to any person who sells, administers, delivers, or gives away to another, on any terms whatsoever, or distributes or dispatches in transit or transport any dangerous drug or who acts as a broker in any such transaction. 1. Ordinarily, he is an addict himself. 2. If not an addict, determine the reason for his possession of the drug. Is it for sale, for giving away, etc.? 3. If he is selling, determine his clientele. Get their names and other personal circumstance. 4. Determine, if possible, his source of supply, their names, addresses, etc. 5. Determine the number of times that he had been arrested and charged for the same offense. 6. If he is a recidivist, state so in the complaint or information to be filed. c. The Narcotic Evidence These include opium and its active components and derivatives, the coca leaf and beta eucaine, and the hallucinogenic drugs. It includes all preparations made from any of the foregoing and other drugs and chemical preparations; whether natural or synthetics, with the physiological effects of a narcotic or a hallucinogenic drug. Opium and its derivatives “Opium” refers to the coagulated juice of the opium poppy and embraces every kind, character and class of opium, whether crude of prepared; the ashes or refuse of the same; narcotic prepared; the ashes or refuse of the same, narcotic preparations thereof or therefrom; morphine or any alkaloid of opium; preparations in which opium enters as an ingredient; opium poppy; opium seeds; opium poppy straw; and leaves or wrapping of opium leaves, whether prepared for use or not. Field test: Burn a small quantity of the suspected substance. The odor or smell is similar to burnt banana leaves or has a sweetish odor. Morphine – the drug varies in different forms such as: Powder – white, odorless granulated powder with a very bitter taste. Sometimes however, illicit traffickers add color to deceive investigators. Block – with embossed marks like “999” “555” “AAA” “1A”, etc. with “Lion”, Elephant”, “Tiger/Dragon” brands. Licit morphine used for medical purposes invariably comes in powder form, tablets, capsules with the brand name of the manufacturer. Heroin (Dimorphine Hydrochloride/ Diacetylmorphine) is a white, odorless, crystalline powder with a very bitter taste. Heroin is the hydrochloride of an alkaloid obtainable by the action of acetic anhydride or morphine. The alkaloid base may be made by treating morphine with acetyl chloride, washing the product with a dilute alkaline solution and crystallizing from alcoholic solution. NOTE: Both heroin and morphine may be sold by pushers in bundle containing about .03 gram of powder. The price will depend on supply and demand. Cocaine (Methyl ecgonine). Cocaine (C12 H 21n O4) is an alkaloid obtained from the leaves of Erythorxylon coca and the other species of Erthroxlon Linne, or by synthesis from ecgoine and its derivatives. Preparation - It may be made by moisturizing ground coca leaves with a sodium carbonate solution, percolating with benzene or other solvents such as petroleum benzene, shaking the liquid with diluted sulfuric acid, and adding to the separated acid solution and excess of sodium carbonate. The participated alkaloids are removed with
- 150. www.rkmfiles.net 150 ether, and after drying with sodium carbonate, the solution is filtered and the ether distilled off. The residue is dissolved in methyl alcohol and the solution heated with sulfuric acid or with alcoholic hydrogen chloride. This treatment splits off any acids from the ecgonine and esterifies the carbozyl group. After dilution with water, the organic that have been liberated are removed with chloroform. The aqueous solution is then concentrated, neutralized, and cooled with ice, whereupon methyl ecgonine sulfate crystallizes. Upon adding water and sodium hydroxide, methyl benzoyl ecgonine or cocaine is precipitated. The cocaine is extracted with ether and the solution concentrated to crystallization. For the purification of cocaine, re-crystallization from a mixture of acetone and benzene is generally preferred. Solubility - 1 gm dissolves in about 600 ml of water, 7 ml of alcohol, 1 ml of chloroform, 3.5 ml of ether, and is very soluble in warm alcohol. Uses - Cocaine was the first local anaesthetic to be discovered. At present, it is considered too toxic for any anaesthetic procedure requiring injection, but is still extensively employed for anesthesia of the nose and throat. For this purpose, a 10 % solution of the hydro – chloride is used. Cocaine is a central stimulant, but is never employed clinically for this purpose. Addiction and a certain amount of tolerance result from its use. Because of its properties, the sale of cocaine is prohibited in the Philippines. Cocaine also comes in the form of salt crystals, known as “crack” and usually sold in packets. This is the American counterpart of the local “shabu” or methamphetamine hydrochloride. Marijuana (Cannabis Sativa) Marijuana is a seasonal plant grown from seed. Depending on soil and weather condition, it grows approximately 20 feet. The leaves come in clusters of 3,5,7,9 to 13 leaflets. The leaflets are elongated with the tip pointed and the sides serrated. Manicured or grounded leaves and flowering tops – Although dried and grounded, they will retain their greenish color. Reefers or cigarettes known as “joints” and other names – These are hand-rolled in cigarette paper, irregular and slim with both ends tucked in or twisted. Hallucinogen Drugs These are the drugs that are capable of creating hallucinations in the mind of the taker such as Lysergic acid diethylamide commonly known as LSD and other drugs falling under this category are DMT, STP, peyote and morning glory seeds. Synthetic Drugs Those having the same physiological action as a narcotic drug, such as methadone and demerol. Other Dangerous Drugs These include self-inducting sedatives, such as seconbarbital, phenobarbital, pentobarbital, amobarbital, salt or a derivative of a salt of barbituric acid: and salt, isomer or salt of an isomer, of amphetamine, such as benzedrine of dexedrine, or any drug which produces a physiological acting simlar to amphetamine; and hypnotic drugs, such as methaqualone, nitrzepam or any other compound producing similar physiological effects. Barbiturates – Manufactured synthetically as salts of barbituric acid. All names of these drugs are in al, such as pentobarbital, secobarbital (seconal), amobarbital, phenobarbital, barbital, etc.
- 151. www.rkmfiles.net 151 Categories according to Effects Long acting barbiturates – take effect with in 30 to 60 minutes and last up to 8 hours, e.i. Phenobarbital Intermediate acting barbiturates – take effect with in 15 to 30 minutes and last up to 6 hours, e.i. amobarbital and butabarbital. Short acting barbiturates – take effect with in 10 to 20 minutes and last up to 6 hours, e.i. Pentobarbital and secobarbital. Ultra short barbiturates – take effect with in 45 seconds and last up to 30 minutes, e.i. thiopental sodium. Note: Slang Terms of Barbiturates Pentobarbital – “yellow jackets” - Secobarbital – “red devils” - Amobarbital – “ blue devils/ blue birds” Amosbarbital – “ rainbow/ double trouble” Note: Under FDA law, it is illegal to sell these drugs without prescription. There is no illegal possession charge under the FDA law, but under RA 6425, there is such a violation. Amphetamines – Stimulate the central nervous system and have the ability to combat fatigue and sleepiness. These are also known at uppers. Chemical Names a. Amphetamine Sulfate b. Dextroamphetamine Sulfate c. Methamphetamine Hydrochloride Amphetamines come in varied forms, colors and shapes. Examples of amphetamines are benzedrine or the “bennies”, dexedrine or the “dexies”, and the methedrine known as the “meatballs”. Shabu is the most widely known amphetamine in the country today. The compound (methamphetamine hydrochloride) is also known as “poor man’s cocaine”. The latter term, however, is misleading because although cheaper than that cocaine, shabu is nonetheless expensive as compared to other drugs such as marijuana or solvents. The Volatile Substances – also called the Inhalants, Solvents or Deliriants. This are chemicals which when sniffed can produce intoxication effects such as gasoline, kerosene, thinner, paint, etc. The most popular among them is the solvent rugby. These chemical substances are significant in narcotic investigation because of their intoxicating symptoms that do not produce alcoholic breath. HANDLING NARCOTIC EVIDENCE Evidence handling Physical evidence of various types can do must to augment the inevitable oral evidence in a prosecution involving drugs. The investigator should be constantly on alert to obtain physical evidence during an inquiry for presentation in court. Drug seizures - One officer, preferably the officer who made the seizure, should be detailed to take charge of the drug found. The following procedure should guide him: 1. Identify the seizure in some permanent way using markings or non-removable labels or wax-sealed tie on tag. 2. The identification should give detail of the time, date and place of seizure, and the name of the owner or suspect where an arrest had been made. 3. The officer should complete the identification of the seizure by placing his initial or signature on the identifying label.
- 152. www.rkmfiles.net 152 4. Where a suspect charged demands a sample of the seized drug for independent analysis, the desired sample should be place in a suitable container. It should then be sealed in such a way as to prevent tampering preferably with the signature of the suspect and the officer appearing on the seal. 5. Where another officer later takes the seizure – as in during questioning – that drug is shown to suspect during questioning – that officer should continue the chain of identification by placing his initials on the label. 6. Few parties as possible should hold the seized drug. A permanent written record of the movement of the seizure, noting time, dates and signatures or receiving parties should be maintained. 7. As soon as after seizure, the drug should be sealed in a container in such a way as to prevent loss or tampering with. The seal should be affixed in such a way that it will be impossible to open the container without breaking the seal. The seal should bear the same identification as the seizure itself. 8. The officer in the area designated by his command should retain the seizure, the security of which will satisfy the scrutiny of the court. 9. Where the nature of the seizure requires special storage conditions or facilities, this should be arranged and the security of the seizure maintained. 10. At the first opportunity, the officer should himself deliver the seized drug/s to the laboratory for examination. 11. If the commitments of the officer holding the seized drug/s are such that he cannot travel to the laboratory, he should hand the same to another officer who should make the delivery personally. 12. If personal delivery is not possible, the seized drug(s) should be carefully packed in a parcel, which is then sealed. This should be adequately addressed and shipped by certified delivery mail. Photographs - A permanent written record should be kept relating to photographs taken in the course of an investigation, noting the time, date and place of the photograph, its subject the weather condition at the time it was taken. The technician might also note details of film and camera operations. Several prints of each photograph should be obtained, and on one copy, these details should be recorded together with the name of the officers who can “prove” the photograph. The other print copies be retained unmarked for possible submission to court. Photographs of, for instance, a meeting between two offenders can adduce valuable corroborative evidence. Documents - Documents that may become evidence in a prosecution should be retained in their original form. They should be treated in much the same manner as drug seizures with regard to identification, and it is suggested that all under whose supervision this is done can later “prove” the original, particularly incases where returned to a person for production later in court. Investigative Records - Records in this particular category include: 1. Information on a suspect of drug movement 2. Results of background inquiry on a suspect 3. The log or running sheet kept on investigator and suspect movement during surveillance or arrest 4. Investigator’s notebooks and diaries 5. Investigator’s notes of conversations, events or interviews DRUG INVESTIGATIVE PROCESS Roles of the PDEA Drug investigation in the Philippines is under the concern of the Philippine Drug Enforcement Agency (PDEA) being newly created and organized. The agency has one among its powers and functions the initiation of all investigation proceedings concerning drug cases, absorbing all drug enforcement units of the other governmental agencies like the National Bureau of Investigation, the Philippine National Police, the Bureau of Customs and other agencies and bureaus with drug investigation divisions. As mandated by law and here quoted, the PDEA shall “create and maintain an efficient special enforcement unit to conduct an investigation and file charges and transmit evidence to the proper court”. Proper handling of drug evidence is necessary to obtain the maximum possible information upon which scientific examination shall be based, and to prevent exclusion as evidence in court. Drug specimens, that 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
- 153. www.rkmfiles.net 153 is presented in court. With these, the following principles should be observed in handling all types of evidence in narcotic investigation: 1. The evidence should reach the laboratory as mush as possible in same condition as when it is found. 2. The quantity of specimen should be adequate. Even with the best equipment available, good results cannot be obtained from insufficient specimens. 3. Submit a known or standard specimen for comparison purpose. 4. 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. 5. Mark or label each piece 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. Generally, the recognition, search, collection, handling, preservation and documentation of evidence in narcotic investigation rest upon the quality of people involved in the activity which they follow certain guidelines for investigative success. Below is an illustration of a basic procedure in narcotic investigation focused in the crime scene: From this point: Receipt/Report Complaint First Responder Security and Protection Cordoning Safety of Injured persons, if any prevention of entry by unauthorized Conduct of Crime Scene Investigation Preparation Approach Preliminary Survey Evaluation of Physical evidence Documentation of crime Scene Preparation of Narrative Description Crime Scene Search Collection of Physical Evidence Final Survey & Release of crime Scene
- 154. www.rkmfiles.net 154 The illustration shows a general process in the crime scene investigation involving any crime which is narcotic investigators can fundamentally base on a scientific crime scene processing. In the flow of the investigation, it shows that upon receipt or report of a crime, the desk officer shall record the date and time the report/ complaint was made, identify persons who made the report, place of incident and a synopsis of the incident then inform his superior or duty officer regarding the report. The first responders will properly preserve the crime scene. The security and protection of the crime scene to get maximum scientific information that will help successful prosecution of perpetrators. Then the formal investigation maybe conducted. Procedure at the Crime Scene Upon Arrival at the Crime Scene h. 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. i. Secure the crime scene by installing the crime scene tape or rope (police line) j. Before touching or moving any object at the crime scene 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. After the victim is remove and brought to the hospital for medical attention, measure, sketch, and photograph. k. Designate a member of the team or summon other policemen or responsible persons to stand watch and secure the scene, and permit only those authorized person to enter the same. l. Identify and retain for questioning the person who firs notified the police, and other possible witnesses. Recording The investigator begins the process of recording pertinent facts and derails 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 person involved and what he initially saw. He also draws a basic sketch of the crime scene and takes the initial photographs. This is to ensure that an image of the crime scene is recorded before any occurrence that disturbs the scene. As a rule, do not touch, alter or remove anything at the crime scene until the evidence has been processed through notes, sketches and photographs, with proper measurements. Searching for Evidence f) Each crime scene is different, according tot he 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 not the location 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. g) 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. He 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, carefully protect any impression of evidentiary value in surfaces conducive to making casts or molds, note stains, spots and pools of liquid within the scene and treat them as evidence, 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 note have been completed and the investigator has returned to the point from which the search began.
- 155. www.rkmfiles.net 155 h) 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 he faces the scene then the adjoining strips. i) It may be advisable to make a search beyond the area considered to be 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. j) After completing the search of the scene, the investigator examined the objects or persons involved. Methods of Crime Scene Search - As maybe applicable in narcotic investigation, the following methods of searches maybe used: Strip Search Method, Double strip or grid method of search, Spiral Search Method, Zone Search Method. Collecting Evidence - This is accomplished after the search is completed, the rough sketch finished and photographs taken. Fragile evidence should be collected as they are found. Removal of Evidence - The investigator places his initials, the date and the time of discovery on each item of evidence and the time discovery on each item of evidence for proper identification. Items that could not be marked should be placed in a suitable container and sealed. Tagging of Evidence - Any physical evidence obtained must tagged before its submission to the evidence custodian. Evaluation of Evidence - Each item of evidence must be evaluated in relation to all the evidence, individually and collectively. Preservation of Evidence - 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 until it is released to the evidence custodian. Releasing the Scene - The scene is not released until all processing has been completed. The release should be effected at the earliest practicable time, particularly when an activity has been closed or its operations curtailed. Pointers to Consider in Sketching the Crime Scene 1. To establish admissibility, the investigator must have had personal observation o the data in question. In other words, the sketch must be sponsored or verified. 2. Sketches are not a substitute for notes or photos; they are but a supplement to them. 3. Write down all measurements. 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 completed the final sketch. 6. Indicate ht North direction with an arrow. 7. Draw the final sketch to scale. 8. Indicate the palce in the sketch as well as the person who drew it. Use the KEY – capital letters of the alphabet for listing down more or less normal parts of accessories of the place, and numbers for items of evidence 9. Indicate the position, location and relationship of objects. 10. Methods or systems of locating points (objects) on sketch 11. Critical measurements, such as skid marks, should be checked by two (2) investigators. 12. Measurements should be harmony; or in centimeters, inches, yards, meters, mixed in one sketch. 13. Use standard symbols in the sketch. 14. Show which way doors swing, 15. Show with arrow the direction of stairways. 16. Recheck the sketch for clarity, accuracy, scale, and title key.
- 156. www.rkmfiles.net 156 The Role of SOCO in Narcotic Investigation A number of crime incident committed in the country are unsolved and/or dismissed by trial courts because of insufficiency of 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 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 technologies, they could be analyzed scientifically for these purpose. The recovery of physical evidence during investigation of crime scene is the most important task of current law enforcement. In most cases, the material items of evidence and descriptive information collected from the scene of the crime make a big difference in the success and failure of cases in court. The capability of the Crime Laboratory to provide scientific interpretation and information depends on the recognition, recovery and documentation of the evidence in the crime scene. Field investigators work as part of the forensic team as that of laboratory technician. If evidence collected in the crime scene is not properly accomplished, the work of the crime laboratory is impeded and even negated. The recovery of physical evidence during investigation of crime scene is the most important task of current law enforcement. In most cases, the material items of evidence and descriptive information collected from the scene of the crime make a big difference in the success and failure of cases in court. Past experience shows that a well-trained team, coordinated and properly equipped, can be of great advantage in effectively and efficiently recovering evidences. Personal knowledge and instinctive actions or institutions are of great help in the solution of the criminal and drug related cases. However there is no substitute for the adoption and practice of scientific investigation. The idea of enhancing SOCO in narcotic investigation is to assist drug investigators in terms of scientific approach in investigating criminal cases, specifically heinous ones. DRUG TESTING Field Test - The test describes in the following pages are designed to give investigators emergency means of making on-the-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 combination with other chemicals from which they must be separated (by laboratory methods) before true results can be attained. Care of Apparatus and Reagents - Reagents should be protected from excessive heat and light. Acid reagents should be stored in glass bottles. Reagent stability should be tested from time to time with drugs of known identify. All apparatus used in making test should be thoroughly cleaned before reusing. Marquis test is used for morphine, codeine, heroin and other opium derivatives. When brought into contact with morphine, heroin or other opium derivatives, the reagent develops brilliant colors ranging from blue to reddish purple. There are some other substances, which also produce colors with this reagent. No confusion, however, should arise once the operator is familiar with the specific colors given by the opium alkaloids. It is therefore essential that the test be observed with known samples before any unknown is tested. Making the Test – In making drug tests, the following are considered: 1. Allow the reagent to drain to one end of the ampul 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 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 into contact with the reagent. 4. After the test, the ampul should be rinsed with water before discarding. *** DO NOT THROW AMPUL IN WASH BAIN OR SINK. NOTE: The value of this test lies in the fact that a positive reaction indicates the presence of an opium derivative. A negative result does not rule out the possiblity of the sample being a prohibited drug since cocaine, methadone, demerol, dromoran, etc. do not give positive results with this reagent. A suspected sample that gives a negative result should be submitted to the laboratory for examination.
- 157. www.rkmfiles.net 157 General Drug Tests Drugs Test Used Color Reaction Opium Marquis test Purple/Violet Heroin Nitric Acid Yellow-Green Morphine Nitric Acid Red Orange Cocaine Cobalt Thiocyanate Blue Barbiturates Dille-Kopanyi test Violet Or the Zwikker test Blue color Amphetamines Marquis test Red/Orange -Brown LSD Para Amino BenZoic Acid(PABA) Purple Marijuana Duquenois-Levine test or KN Test Red Bottom layer Shabu Symone’s test Purple FIELD DRUG TESTING Field Tests for Methadone This narcotic drug, known also as Amidone, Dolophine and di-6 dimethylamide-4, 4- diphenyl-3-heptanone hydrochloride, can be detected in the presence of some other drugs by employing the reagent and technique as set forth below. After solution is effected, filtration of the sample is desirable but not essential to the success of the method, since insoluble substance such as starch, talc, etc. are not blue in color. Reagent: Dissolve 1 gm of cobalt acetate, nitrate or chloride and 1/5 gm of potassium thiocyanate in 90 ml of water and 10ml of glacial acetic acid. Test: Dissolve the sample in a minimum amount of water, Filter. Add 2 or 3 drops of the reagent to the filtrate. Shake for about 1 minute. A blue precipitate indicates the presence of methadone. Field Test for Cocaine, Demerol and Methadone This field test for cocaine, demerol and methadone was developed by the U.S. Customs Laboratory, in Baltimore, Maryland in 1961 and has been successful use since then. The field test is based on a modification of the well-known cobalt thiocyanate color test that produces a blue color in the presence of cocaine. The customs field test is a stable single-solution version of the thiocyanate test and is the most specific cocaine color test available at this time. The field test is not intended to replace more specific laboratory determination and should be used only as a preliminary test. Some non-narcotic substances, such as certain antihistamines, are known to give a color with cobalt thiocyanate. The test is simple to perform. The ampul should be broken at the point where the glass is scored and the powdered sample introduced into the open end of the half of the ampul should NOT BE SHAKEN. A blue color is indicative of cocaine, demerol or methadone give stronger blues than that demerol. For each of the three narcotics, the strength of their blue in the ampuls is proportionate to their active content. The ampul contains a dilute acid and should be discarded in a place where water can be used to delute the acid.
- 158. www.rkmfiles.net 158 Field Tests for Marijuana NOTE: Do not rely on chemical tests alone. Always examine the material with a microscope or hand lens. Cannabis Sativa, or marijuana, can be quickly and positively identified by subjecting the sample to the following tests: Microscopic - Using a magnification of approximately 30 diameters, the leaves, small twigs, seed hulls and flowering tops exhibit a characteristics warty appearance due to the presence of non-glandular hairs which contain at their base called spheriodal cystolith of calcium carbonate. Adding a drop of diluted hydrochloric acid to the slide and noting the effervescence may show the presence of carbonate. Many of the cystolithic hairs appear in the shape of bear claws. The seed or fruit, deprived of its hull, under the same magnification, presents a mottled effect and gives the viewer the impression he is looking at a hulled coconut or nutmeg. A comparison with an authentic sample is most desirable. Chemical - The Duquenois-Levine Test has been found to be the only satisfactory chemical test for the identification of marijuana. The chloroform soluble color developed in this test is due to the presence of tetrahydrocannbinol (THC) which is the active principal of the marijuana plant. Reagents - Duquenois Reagent – Dissolve 5 drops of acetaldehyde and 0.4 gm. of vanillin in 20 ml of 95% ethyl alcohol. (This reagent may be kept for some time in glass-stoppered bottles in a cool dark place. It should be discarded after it assumes a deep yellow color). - Add a pinch of suspected marijuana to a test tube containing about 2 ml (one teaspoon) Duquenois reagent. - Add an equal amount (2ml) of concentrated hydrochloric acid. Stir with a glass rod or shake the test tube in a circular motion to mix its contents. CAUTION – Do not splash acid contents on body or clothing. Allow the test tube to stand for 10 minutes, or until a color develops. - Decant the liquid into a second test tube. Add 2ml of chloroform. Stopper and shake. If marijuana is present, a violet or indigo-violet color will be transferred to the bottom (chloroform) layer. Seeds – When a sample consists entirely of seeds, their identity alone is not sufficient to bring them within the purview of the law, which requires them to be fertile. To establish their fertility a number of the seeds should be placed in a suitable container with moist paper pulp or wet vermiculite, and place in a warm dark place until germination takes place. When reporting a sample containing marijuana seeds alone, their fertility should always be stated. Field Test for Amphetamines This field test for identifying amphetamines is useful in screening out caffeine, vitamins, or other substitutes proffered as amphetamines. Test Material – The test material consists of 2 or 3 drops of Marquis reagent (2 drops of 37% formaldehyde in 3 ml of concentrated sulfuric acid) in a small glass ampul. Test Procedure – Break the ampul at the scored center and place 1 or 2 drops of the reagent on the sample. This should be done on a glass ashtray, inverted tumbler, etc. Amphetamines react with the reagent to give a red-orange color, turning to reddish and then dark brown within 1 or 2 minutes. The reagent gives this characteristics color reaction when applied to white, pink, yellow, peach or green amphetamine tablets. The speed within which the color is formed appears to depend upon the hardness of the tablet. The red- orange color forms immediately of some tablets while with others it appears in 10 to 20 second. Therefore, the critical period of color differentiation for amphetamines is within the first 20 seconds. The peach-colored caffeine tablet gives a color, which might cause some confusion. The difference between the color formed by this tablet by this tablet and that formed by a peach-colored amphetamine tablet are crushed before the reagent is applied. Once the difference is seen, there should be no trouble in distinguishing one from the other.
- 159. www.rkmfiles.net 159 Amphetamine powder and tablets – Red-orange onset to reddish brown to dark brown within a couple of minutes, Caffeine powder and tablets - no color reaction, Methamphetamine and tablets – Red-orange onset to reddish brown to dark brown in 1 to 2 minutes, Phenyl tertiary butylamine HCI – Same color change as amphetamines, Wyamine sulfate – Same color change as amphetamines. Field Test for Barbiturates For the tentative identification of the barbiturates, the Zwikker test is used. Zwikker Test – An anhydrous methanol solution of the barbiturate upon several drops of cobalt chloride in methanol solution gives a bluish color, which changes to dark blue upon being alkalized with a 5% isopropylamine in methanol. The Atkinson Laboratory, 33031 Fierro Street, Los Angeles, California, manufactures a compact kit that utilized the Zwikker Test. Test Material – The Zwikker Test Kit consists of a small plastic bag containing three solutions in plastics dropping bottles and small porcelain spot plate. Solution # 1 – Anhydours methanol, Solution # 2 – Cobalt chloride dissolved in methanol, Solution # 3 – 5% isopropylamine in methanol. CAUTION: The above solutions are volatile and inflammable. They should be kept sealed. Test Procedure – The following shall be considered: 1. Place part of sample into spot-tester, (enough to cover letter “O” on a typewriter key). 2. Put two drops of solution # 1 on sample in spot-tester. (Sample should dissolve.) 3. Add two drops of solution # 2 (This may produce a violet or a blue color.) 4. Add tow drops of solution # 3. (If color deepens to a darker violet of blue, this indicates presumption presence of barbiturate.) The solution will become contaminated. Wash and dry spot-test plat after use. NARCOTIC DEATH INVESTIGATION A common occurrence in the drug culture is the death of a user. Investigation of a narcotic death is divided into three (3) phases: the SCENE investigation, the MEDICAL investigation, and the TOXICOLOGICAL investigation. An officer involved in such a case should determine the manner of death, that is, whether homicide, suicide or accidental. All of the factors and elements of the scene must be accurately and completely recorded. This will assist the medical examiner in determining the cause of death. Physiological Effect of Narcotic Ingestion The ingestion of narcotics or dangerous drugs poisons the body. This is poisoning effect will leads to a paralysis of the respiratory center or cause heart failure. This, the, will deny the body a sufficient amount of oxygen. Evident or visible signs, which remain after death, often accompany the effects of a particular drug on the human body for the trained observe. These signs are result of symptoms experienced by the victim prior to death. Following is a partial listing of the more dangerous drugs, the minimum lethal dose, symptoms and cause of death: Poison Symptoms/Cause of Death Codeine Nausea, dizziness, Constipation, Respiratory failure Heroin & Morphine Sweating, loss of appetite, nausea (Vomiting), Constipation, itching, thirst, cyanosis, respiratory failure Barbiturates lower body temperature, cyanosis, cold extremities skin rash, constipation, respiratory arrest of pneumonia Cocaine nausea, vomiting, chills, sweating, thirst, convulsions, circulatory and respiratory failure Amphetamine Chills, sweating, diarrhea, constipation, nausea, vomiting, cramps, thirst, convulsions, petechial hemorrhages
- 160. www.rkmfiles.net 160 The Scene of Death During investigation of the scene, you should recognize and relate seemingly insignificant items or material, which would justify a conclusion of narcotic involvement. The following are just some of such items: 1. Paraphernalia (or “works”) – Tools or implements used in 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, capsules and envelopes, and a book of matches. 2. Narcotic Medication – Laudanum, paregoric, codeine cough syrup, all utilized as “carryovers” until the next fix. 3. Maalox –Milk of Magnesia – Medication used to relieve nausea, vomiting, constipation, cramps or diarrhea. 4. Absence of Nutritional Food – Loss of appetite is a symptom of poisoning. Presence of candy or soft drinks indicates low insulin count. 5. Body Fluids – Presence of urine, feces, mucus or vomitus on the scene may be evidence of the body attempting to rid itself of poisoned substance. 6. Clothing or Bed Linens – which may be sweat-stained or soaking wet from the victim having hot and cold flashes, should be collected and analyzed. 7. Lack of Ordinary Cleanliness – Dependent user is not concerned in most cases with the environment or health, and this is shown by a neglect of both. 8. Wet Body – Evidence of body being immersed in tub or shower, or having ice cubes placed in underclothes or in private parts. It is a common mistake uses make in thinking this helps in overdose cases. Salt water may also be injected into the victim. Hospitals use Narcan as antidote. 9. Nylon Stoking – Stretched over a hanger used as sieve. 10. Playing Card – with the powder, may have been used to “smack” (cut) heroin. The card is usually on top of a record album or similar. 11. Merchandise – Small items which are easily carried and disposed of after, being stolen-radios, watches, portable TVs, radios, etc. The Body Signs 1. Cyanosis – bluish discoloration of the face and /or fingernails due to insufficient oxygenation of the blood caused by increase in carbon dioxide in the body. 2. Petechial Hemorrhages – Pinpoint spots of discoloration resulting from capability ruptures due to pressure and generally observed in the eyes, eyelids, behind the ears and internally. 3. Form or Froth – Observed in mouth and nose, may be white or pinkish and caused by fluids entering the air passages. 4. Hematoma – A localized swelling on any par to the body caused by bleeding beneath the surface of the skin. This is caused by “skin popping” rather that vein injections. 5. Needle marks/tracks – Visual evidence of repeated intravenous injections. The tracks will follow a vein (exception “skin popping”) and result in a dark discoloration and eventual collapse of the vein. 6. Scar – Skin imperfection caused by the victim in removing needle mark scabs, added to uncleanness of the victim. 7. Rash/scratched Skin – External body signs of morphine or heroin poisoning. 8. Asphyxia- When it is the cause the death, it is often accompanied by external body changes. These changes, visible to the naked eye, are not restricted to narcotic-related deaths and may be found in other asphyxia deaths, such as hearth attack, drowning, hanging, etc. They must be noted, photographed and reported to the pathologist during the pre-autopsy interview. Victim’s History Historical date on the victim would include his criminal record (local, national and international and international); medical record (of a private doctor, hospitals, clinics, etc. and any mental treatment or attempts at suicide); social (relatives, friends, neighbors, co-workers); marital (past or present); and financial records.
- 161. www.rkmfiles.net 161 When interviewing users or person possibly involved in narcotics traffic, you should use straight language rather than attempt street talk because slang constantly changes. You must determine the extent of decedent’s addiction, his familiarity with other drugs, whether he had a steady source of the drugs or continuously shopped around, and other matters relative to his personal history. Medical Phase This is the most important stage of the narcotics death investigation. Since the pathologist will rarely be able to examine the body at the death scene, you should note every detail, which may be of medico-legal importance and make a complete report on this. You should attend the autopsy yourself. Make sure that the following specimens are submitted for narcotics, alcohol or other foreign matter. Heroin is quickly changed to morphine after entering the body, and clears the blood in approximately ½ hour remains in the urine about 24 hours and in the bile for ¾ days.
- 162. www.rkmfiles.net 162 CRIMINAL INVESTIGATIVE REPORTING Reporting- Reporting is knowingly passing along information to someone else Reasons/Purposes of Writing Reports 1. Written reports are a permanent record of activities (preserves information of cases) 2. Make possible to transmit facts or essential data (provides accurate details of cases) 3. Aid top level intelligence experts in the interpretation and analysis of information (coordinate investigation activities and serves as reference by competent authorities) Pre-requires for good reporting 1. A precise understanding of the assignment 2. Ability to go where the desired information is 3. Ability to collect and retain accurately and in detail 4. Ability to transmit the collected information as soon as possible Criteria/Standards used 1. It must not contain vague or unclear terms 2. It must be original and correct in both composition and grammar 3. Abbreviation must be used appropriately 4. Slang or unnecessary technical terms must be avoided 5. Erasures and alterations must be avoided 6. Duplicate copies must be clear, legible and officially authenticated 7. Contents must be factual and free from bias or prejudices “Tools” for reporting 1. Six basic questions: Who? - What? - When? - Where? - Why? - How? 2. Seven basic characteristics of good report Pertinent (relevant, useful, important, significant) Accurate (precise, exact, true) Complete (total, entire, full, absolute) Clearly phrased Concise (brief, direct, short) Unbiased (impartial, balance, fair) Timely (apportune, appropriate, judicious, speedy) Incidents to be reported 1. Violations of laws and ordinances, 2. All calls in which any member of the police force dispatched or takes official action, 3. All legal papers handled such as warrant of arrest, subpoenas, summonses, citations,etc 4. Cases of missing and found persons, animals and property, 5. Accidents which require police actions, 6. All personal injuries, bodies found and suicides, any damage to property 7. All cases in which a police officer is involved, 8. All arrests made, and miscellaneous cases, general and special orders and all other incidents that needs to be recorded.
- 163. www.rkmfiles.net 163 Mechanics of Good Report It should present a chronological sequence of events. 1. It should be typed written or computerized. 2. It should provide complete data of victim or suspect. 3. Abbreviations should be avoided except those that are commonly known. 4. It should be brief but clear. 5. Every incident should be written in separate report. 6. It should be accurate and state facts and not opinions. 7. It should answer the 5W’s and 1H. Reporting and Interpretation 1. Objective/factual reporting 2. Subjective/interpretive reporting 3. To report well, the competent and honest observer generally need not concern himself interpreting what he observes. 4. Difference between fact and interpretation. Note taking 1. Use one you find workable 2. Develop own system of abbreviations as in dates, etc. 3. Jot down facts only – get only the bones of the skeleton. 4. Omit articles, connectives – write key words of the information. 5. Write later the details when they are still fresh in your mind. Organization and Expression of a report 1. Heading 2. Collection and source data 3. The information part. 4. The interpretative comments. Qualities of Good Report Writing 1. Factual – because the report’s content are all based on facts, taken form one or any or all of the investigator’s five senses, that of sight, smell ,taste, touch and hearing, thus it can be proven. 2. Complete – means reporting all the facts, which were discovered in the course of investigation. Hence, any relevant and pertinent information must be reflected in the report. 3. Objective – means presenting all facts with appropriate words, free from the writer’s opinions, propaganda or emotional bearings. 4. Clear – means that the report should be as simple and direct as possible. The subject or objective, or purpose of the report should be clearly stated. 5. Relevant – in the sense that the report should relate exclusively to the stated objective of the report. However, if another topic or matter is to be introduced in the same report, as a result of the follow-up investigation of the original case, the presentation or inclusion of the newly discovered facts should be closely related and the relationship should be made clear. 6. Brief – this can be attained by avoiding sensationalizing the facts, which is the inclusion of unnecessary details not related to the case under investigation. A report can be brief if the facts are unified and coherent. 7. Accurate – means the contents of the report must be based on facts, which are known through the use of any or all of the five senses; sight, hearing, smell, taste and touch. 8. Up-to-date – meaning reports should be submitted on time and possibly according to schedule. Hence, it should be current as of the time it is needed. 9. Fair – which can only be done through the avoidance of formulated preconceived theories that could possibly lead to twisting of the real facts that could affect the report. And this can only be done by keeping an open mind.
- 164. www.rkmfiles.net 164 Investigative Reports 1. Preliminary Investigation Report - this is the case report, which contains the initial listing of the facts of the case. It contains: the offense, current date and time, date and time of offense, identification date pertaining to victim or reporting party or suspect, location of offense, MO, name of investigating officer. 2. Progress/ Follow-up Investigation Report – it describe the progress of the investigation from time to time and ensure constant follow up. It contains: identification of evidences noted, accurate and pertinent other facts 3. Final Investigation Report – the complete, more detailed report, which contains sufficient evidence noted, identity of perpetrators, which warrant the filing of the case to court Format Contents 1. Letterhead 2. Date 3. Addressee 4. I – Authority for Investigation 5. II – Details of Investigation/Matters Investigated/ Facts of the Case 6. III – Comments/Recommendation/Conclusions 7. Annexes (list of exhibits) (appendices) Parts of an Information Report Heading - The heading contains the reporting unit, date of report, the subject, date of information. The date acquired, the place acquired, the report number, the reference, the evaluation, the attachments (s) and the source (s). Reporting Unit-Indicate here the branch/Group or Station submitting the. Standard abbreviations for the designated office may be used here. Date of report.- Refers to the date when the information report is accomplished by the originating personnel. Subject- contains as succinctly as possible the name or description of the matter (s) reported upon. Date of information- Give here the date (s) when each particular information was obtained by the reporting officer. Date Acquired- Place here the date (s) when each item of information was obtained by the reporting officer. Place Acquired- Give here the place (s) where each item of information was obtained by the reporting officer. Report Number- Insert here the number of the report. These reports well be numbered from one and so on which will be preceded by the project symbol and the letter I (demoting information); e.g. CA/I/C42 will indicate Information Report Number 42 of Project “Cobra” (Code Symbol CA). References (s)- State here any pertinent reference, whether to previously relate information reports and/or reference material and/or operational reports from which the information was taken. Evaluation – State here the degree of reliability of the information reported, both as to source and as to contents by use of evaluation codes (letters and numbers). Attachment (s) – Enumerate here the different annexes appended and pertinent to the information report. Source (s) – Describe the source to assist the reader in arriving at an evaluation of the report, while at the same time, for security reason, protecting the source’s identity. Body - This will contain a narrative discussion of the subject(s) of the information report. This should cover the important points of the report proper. Always try to make the report specific (concise), objective, complete, clear and accurate. No inclusions, opinions, analysis and the like should be included here. Comments - This should include the objective views of the reporting officer and/or P/A and/or filed sources as to the significants of the information submitted. Signature- The Case Officer/Agent will affix his signature.
- 165. www.rkmfiles.net 165 The four (4) “C” Test of a Good Report CLEAR Is the report clear? Will the reader understand what the situation is or what happened? (Who? What? Where? When? Why? How?) Is the report limited to one main subject? Is the report written in terms the reader knows? Is the information of interest to the reader? Are the important ideas emphasized? Do the points “hang together”? Are the recommendations and conclusions, if any, clear stated? Is the report written in “talking language”? CONCISE Is the report as brief as possible? Can the report be read rapidly? Are meaningless phrases left out? Are unnecessary words eliminated? Are the sentences short and simple? Does the get to the point quickly? Are over – worked expression avoided? CORRECT Is the grammar correct? All words spelled correctly? Are the facts and figures correct? Correct punctuations used? Are all words used correctly? Are contractions and abbreviations avoided? COMPLETE Is the report dated/signed/classified? Is it clear to whom the report is to be sent? Does the report present all the information which the reader needs? Is it clear whether a reply is expected? Does you report have a human touch? POLICE REPORTS Concepts It is any written matter prepared by the police involving their interaction with the community. It is an exact narration of facts discovered during the course of investigation which serves as a permanent written record for future reference. It is a permanent written record of police activities classified as informal and formal which communicates important facts concerning people involved in criminal activities. Types/Classifications 1. Informal Reports – is a letter of memorandum or any one of many prescribed or used methods of communications, in a day-by-day police operations. It carries three items besides the text proper, the data submitted, subject, and person or persons to whom submitted, and it contain many items of administrative importance along with the subject matter of the text. Most police reports are placed in this category.
- 166. www.rkmfiles.net 166 2. Formal Reports – suggest a full-dress treatment, including cover, title page, letter of transmittal, summary sheet, text, appendixes, and sometimes index and bibliography. Informal Reports General Orders – used to publish matters relating to the modification of the skeleton of the organization, shifting of functions from one command to another, changes of territorial jurisdiction of police precincts, and those that requires execution of policies of the administration. Special Orders – used to announce appointments of personnel, whether original or promotional, reinstatements, rank promotions, salary increases, transfers, designations, administrative fines and punishments, resignations, retirements and dismissals. Numbered Memoranda – it contains directives of general concern to, and for compliance by, all units and offices on specific subjects concerning various phases of external and internal police administration. Circulars – utilized in the publication of law, ordinances, executive orders, republic acts, administrative orders, opinions and other valuable information which serve as convenient guides and references for members in the performance of their official duties. Memoranda – used for the dissemination of specific orders for implementation/compliance by certain units or individual members, usually of temporary nature or lasting for a certain period only. This is also utilized for the publications of letters or appreciation and other communications from various government and/or private offices and individuals. Other Types of Police Reports 1. The Case Report a. Complainant/Assignment Sheet which reflects all information regarding complains and reports received by the police from the citizens and other agencies, or actions initiated by the police. b. Investigation Report, which contains the findings of an action taken by the investigating officer based on inquiries made and by obtaining the available facts of the incidents. 2. The Arrest and Booking Report - This record maintains the arrest and jail booking report, which is required for all persons arrested. It shall bear an arrest number for each arrest made. 3. The Identification Report - Identification record is the third major division of police report. Fingerprint records are the heart identification system. It provides positive identification and the police must supplement it with a record of physical characteristics and in some cases a photograph of the criminal. Identification reports have their own number series: an identification number is assigned to each criminal to identify records relating to him. 4. The Administrative Report - These are reports required in the management of the department personnel and designed to aid in assignment, promotion, and disciplinary actions. Such records are so essentials in administering personnel matters that they must be maintained in a police department. 5. The Miscellaneous Report - These are reports, which do not relate to recorded complaint and investigation reports but are informational in character. Values and Uses of Police Report 1. It serve as the raw materials from which record systems are made; 2. It is written to serve as part of the component of the record system, the direct relationship between the efficiency of the department and the quality of its reports and reporting procedures; 3. It is written to guide police administrator for policy-formulation and decision-making; 4. It is written to serve as a gauge for efficiency evaluation of police officers; and 5. It is written to guide prosecutors and courts in the trial of criminal cases investigated by the police.