(Chapter 06 in Bennett/Hess text)

2.      Three Primary Sources of Information

In addition to physical evidence, there are three primary sources of information…

n Reports, records, databases, Internet

n Witnesses

n Suspects

3.      Examples of sources of information within the police agency…

n   Incident and supplemental reports

n   Physical evidence seized

n   Arrest records

n   Field interview reports

n   Inventories of impounded vehicles

n   Traffic citations

n   Crime lab reports

n   Neighborhood canvass

n   Intelligence files

n   M. O. files

n   Investigative and other files

4.      Examples of external sources of information…

n   Utilities companies customer files

n   Building inspection records

n   Credit bureau records

n   Private business records

n   Bank records

n   Court clerk records

n   Other local police agency records

n   State agency records (e.g., DSS, LINK)

n   Federal records (E.g., military, IRS, NCIC)

n   Internet

5.      People as Sources of Information

n  Complainant: a person who requests that some action be taken

n  Witness: person who saw a crime or some portion of it being committed

n  Victim: person injured by a crime; could also be the complainant and witness

n  Informant: provides information about a crime but is not a witness, victim, or suspect

n  Suspect: person directly/indirectly involved in a crime

6.      Characteristics of an Effective Interviewer/Interrogator

n   Adaptability. Be able to adapt to the person you are interviewing, e.g., don't talk down, etc.

n   Self-control and patience. Be patient. Allow them to talk. Be sensitive. Probe with questions. Use silence to your advantage.

n   Confidence and optimism. Don't assume the person you are interviewing is smarter, more educated, etc. than you and give up. Sometimes a good approach is to act "ignorant" and let the person talk his way into a trap.

n   Objectivity. Keep an open mind.

n   Sensitivity to individual rights. Be sensitive to the rights of the person you are interviewing, but remember the rights of society.

n   Knowledge of the elements of the crime.

n   Knowledge of the laws of interrogation

n   Knowledge and experience in criminal investigation

n   Persuasiveness and perseverance

7.      Barriers to Effective Communication

n  Language

n  Lack of sobriety

n  Age

n  Hearing

n  Vision

n  Ingrained attitudes and prejudices.

n  Fear.

n  Anger.

n  Self-preservation.

8.      Techniques for Improving Communication

n   Prepare.

n   Obtain info as soon as possible.

n   Show compassion. Be considerate of others' feelings.

n   Be friendly.

n   Use a private setting.

n   Eliminate physical barriers.

n   Sit rather than stand.

n   Encourage conversation by:

n  Keeping your own talking to minimum.

n  Use open ended questions.

n  Avoid yes/no questions.

n   Allow for pauses. Allow subject time think and talk.

n   Ask simple questions.

n   Ask one question at a time.

n   Listen

n   Watch for signs of nervousness, fear, surprise, and other emotions.

9.      Effective Interviewing Requires…

n  Preparation

n  Desire to obtain the truth

n  The ability to listen

n  The ability to observe

n  The ability to elicit information through proper questioning

n  Direct vs. Indirect Questions

10.  Direct questions are to the point and allow little possibility of misinterpretation

n Indirect questions (open) are disguised to elicit a variety of responses

11.  Preparation

n  The purpose of an interview is to obtain reliable information. Therefore, it is important to obtain as much information as possible and develop a plan or strategy prior to the interview.

n  The success of the interviewer and the interview will often be determined by the time and dedication committed to preparation. The interviewer must become familiar with the facts of the case or offense, as well as information regarding persons interviewed.

12.  Basic Interview Process

n  Beginning:

n  Introduction (Identify yourself and explain the purpose of the interview)

n  Establish rapport

n  Evaluate the person (Note- changes in behavior when going over details during the “middle” may indicate deception)

n  Middle:

n  Focus on desired information

n  End:

n  Sum up

n  Show appreciation

13.  Interview vs. Interrogation

n  An interview is a communication process designed to obtain information from someone who is not suspected in a crime but may know something about it. 

n  An interrogation is a communication process designed to obtain information from someone suspected of direct or indirect involvement in a crime.

n  Generally, the purpose of an interrogation is to obtain a confession or admission from a suspect

14.  Why do we interrogate?

n  To obtain an admission of guilt or a confession from a person who has committed a crime.

n  To obtain valuable facts.

n  To eliminate the innocent.

n  To identify the guilty.

15.  What is the “legal” definition of an interrogation?

n  Any attempt (through direct questioning or otherwise) to gain an admission or confession

n Brewer v. Williams, 1977 (Christian burial case)

16.  What is the difference between a confession and an admission?

n  A confession is a statement of a person admitting to all the elements of a crime.

n Remember corpus delicti

n  An admission is a statement concerning the elements of a crime, but it falls short of a full confession.

17.  What are some similarities and differences between interviews and interrogations?

Planning…

n  Interview

n Planning is important

n  Interrogation

n Planning is critical

18.  Setting

n  Interview

n  Controlling the surroundings/privacy is important

n  Interrogation

n  Controlling the surroundings/privacy is critical

19.  Rapport

n  Establishing rapport is important in both interviews and interrogations

20.  Also…

n  Interview and interrogation…

n Good questions essential                              

n Careful listening essential     

n Documentation important                

21.  Statements

n  Statements are detailed, formal documents that may be introduced as evidence in court

n  Statements are important in documenting and “nailing down” witness/suspect information

22.  What information should be included in a statement?

n  Who

n  What

n  Where

n  When

n  Why

n  How

n  How they know (just as important, in many cases)

23.  General Guidelines in Taking Statements

n   Explain to the witness the object of the statement- to provide all information possible about specific a crime or event

n   Assist the witness in writing the statement. Otherwise, important information may be left out. However, do not influence his/her perception of the facts.

n   Be available in case there are questions

n   Review the statement before excusing the witness

n   Make sure all known information is included

n   Be sure all contact information and signatures are present

24.  Which Amendment provides citizens protection against self-incrimination?

The Fifth…

n  No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

25.  Which Amendment guarantees a citizen’s right to counsel?

The Sixth…

n  In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

26.  Is a confession inadmissible in court if obtained when a defendant requested and had been denied an attorney?

n  No

n  Why?

n Because the Supreme Court said so in Escobedo v. Illinois, 1964

27.  What are a person’s Miranda rights?

The right to be told prior to a custodial interrogation that he/she has…

n The right to remain silent.

n The right to be told that anything said can and will be used in court.

n The right to consult with an attorney prior to answering any questions and the right to have an attorney present during interrogation.

n The right to counsel. If the suspect cannot afford an attorney, the court will appoint one.

28.  Must Miranda rights be given prior to all interrogations?

n  No

n  Why?

n According to the Supreme Court in Miranda v. Arizona (1966), a person in custody must waive his/her rights prior to be interrogated

n Therefore, Miranda rights apply only to custodial interrogations, not in situations when a person is not in custody

29.  What is custody?

n  The significant deprivation of a person’s freedom

n May be more than an arrest, such as in a Terry stop

30.  Example

n  According to the court in Miranda, are you required to give persons just walking down the street (no deprivation of freedom) their Miranda rights prior to interrogating them?

n  No…

n There is no custody issue here

31.  Example

n  Are you required to give persons their Miranda rights and secure a waiver if you have them detained in a Terry stop and wish to interrogate them?

n  Yes…

n They are not free to leave and they are being (or will be) interrogated

32.  What is a waiver?

n  A waiver is the relinquishing of rights done…

n  Voluntarily

n  Knowingly

n  Intelligently

33.  Waiver and Alternatives

n   It is common practice for the officer to ask the suspect if he or she understands the rights as they have been explained. If the answer is yes, then the officer may ask if the subject wishes to talk with the officer. At this point, the suspect has four alternatives:

•                The suspect may choose to remain silent.

•                The suspect may indicate a desire not to talk with the investigators.

•                The suspect may request counsel.

•                The suspect may waive his or her rights and agree to talk with police without the benefit of counsel.

n   The interrogation must not proceed if either of the first two occur. If the third occurs, the interrogation must not proceed without the suspect’s attorney and a valid waiver. If the fourth occurs, the interrogator may continue to interrogate if a valid waiver is obtained. The interrogation must stop if the suspect decides at any time to invoke any right under Miranda.

34.  Example

n  May an officer begin an interrogation immediately after giving a suspect his Miranda rights?

n  No

n  Why?

n A valid waiver was not obtained

n  Forget what you see on TV!!

35.  Corroboration

n  Confessions are only part of an investigation and must be corroborated by independent evidence