AJ 53 – Police Field Operations Chapter 11 – Interviews and Interrogations

Interview vs. Interrogation What is the difference? Interview = Obtaining information from a willing/cooperative subject RP, Victim, witness, etc. Interrogation = Questioning someone to obtain information they did not necessarily intend to provide Suspect, accomplice, reluctant victim/witness, etc. Normal patrol duties regularly place Officer in both situations

The Art of Interviewing Skills required Ability, Desire, Study, and Practice Good interviewers develop and use a certain “style” that works best for them Treat each person you interview as a unique individual with a story to tell Generalizing leads to poor communication Three-Step Process Listen, Question, Clarify

Goals of the Interview Complete & Accurate Information Thorough interviews Compare/contrast varying witness statements Determine Facts Honesty & reliability of witnesses? Verify information as needed Proceed According to a Plan Prepare questions before the interview begins Each witness may require different set of questions Arrive at the Truth Ultimate goal of an investigation Avoid preconceived ideas of what someone might say Truth outweighs making an arrest simply to clear a case!

Terms and Definitions Interview Information-gathering process from someone who has particular knowledge Implies cooperation and/or consent Interrogation Information-gathering process from someone who may be reluctant to share May fall under 5 th Amendment protections

Terms & Definitions (cont.) Confession Direct acknowledgment/statement of guilt May admit to the ultimate act of the case Admission Statement of facts pertaining to a case May be coupled with other facts to determine guilt Might not sustain a conviction by itself

Preparing for the Interview Facts of the Case Have as many facts as possible prior to beginning the interview All aspects of the crime scene could be relevant during questioning Read all follow-up reports before interview Person Being Interviewed Background check Relationship to incident Level of cooperation/interest

Interview Considerations Location of the Interview Provide privacy and time Free from distractions/interruptions Seating Arrangements Table/chairs manipulated to produce physical or psychological advantage/disadvantage Height Proximity Table as barrier May also establish environment of trust/cooperation

Considerations (continued) Comfort of Interviewee Avoid claims of mistreatment or duress Provide water, snacks, bathroom facilities Smoking? Not allowed in most public buildings Establish Rapport Crucial to successful interview/interrogation! Builds trust and cooperation Opens lines of communication

Other Considerations Generally looking for two types of answers during interview “Yes” or “No” Short-answers to provide specific information Stay focused on asking the questions Avoid providing information to interviewee Some very skilled at manipulating the interview

Interviewing Techniques Sympathetic Approach Show interest in the interviewee Trust = Cooperation = Information Share the emotional trauma of the event Sadness, sympathy, concern Work together to reach the Truth Justice will prevail Logical Approach Present facts and evidence of the situation Probable cause, legal penalties, etc. Allow person to present his/her side of the story Combination of these techniques may be effective

Constitutional Issues Miranda vs. Arizona (1966) Supreme Court guidelines for custodial interrogations Right to remain silent Statements used in court Right to free legal counsel before/during questioning Generally read from pre-printed advisement card Must receive knowing, and intelligent acknowledgment that suspect understood and waived rights Silence or lack of response does not qualify Use of force or coercion could exclude statements obtained

Custodial Interrogation Definition of “in custody”? Subject significantly deprived of freedom Can not get up and walk away Under circumstances where investigation focused on subject at accusatory stage Aware of or reasonably believes to be true Application to Field Interviews? Focus could change mid-interview and thus require Miranda advisement

Miranda (continued) Must you advise every arrestee per Miranda? No, despite what you see on TV! Sometimes better to wait until situation cools down Spontaneous statements? Exception to Miranda requirements Private citizens? Miranda not required unless acting as agent for Law Enforcement Public Safety exception New York vs. Quarles

Use of Deception Trickery or Deceit may not be used to obtain Miranda waiver, but… May be used to obtain confession if “not reasonably likely to procure an untrue statement” Nature of injuries Fingerprints found at crime scene Accomplice statements

Field Interviews Objectives of a Field Interview Identification Know the people in your jurisdiction Crime Prevention/Repression People know that you know them Record of Contacts Serves as a mini-report of people, locations, times, etc. Legal justification to conduct FI? Reasonable Suspicion to Detain Refer to list on pages

Field-Interview Considerations Nature of the Contact Subject’s Demeanor Location, Time-of-Day, etc. Investigation of suspicious activity/behavior Refer to list on pages Records check via Dispatch Appropriate closure of contact FI, Release, Arrest

FI Considerations (continued) Officer-Safety & Tactics Radio communications! Proper stance, distance, etc. Pat-down for weapons as appropriate Situational awareness Other subjects, vehicles, etc. Open doors/windows Look up! Request back-up as needed