Investigator Responsibilities & Testifying in Security

1. Introduction to Security Chapter 10 When Prevention Fails: Investigating, Reporting and Testifying

2. Responsibilities of Investigators • Provide emergency assistance if needed • Secure the area of the incident • Gather evidence and information • Record information in photos, video, notes and reports • Use polygraph in accordance with the Employee Polygraph Protection Act • Testify in civil and criminal courts

4. Investigating Accidents • “Any unplanned event that results in personal injury or property damage” • Finding the cause of an accident is usually the main goal of the investigation.

5. Investigating Accidents

6. Investigating Complaints of Sexual Harassment • Defined as: “unwelcome sexual advances, requests for sexual favors, and other verbal or physical contact of a sexual nature made…as a condition of employment.” • Managers must be aware of what does and does not comprise sexual harassment.

7. Investigating Complaints of Sexual Harassment • 2 conditions : • It must occur in the workplace or an extension of the workplace • Must be of a sexual nature that is non-consensual

8. Investigating Complaints of Sexual Harassment • Sexual harassment often involves one person’s word against another's. • The investigator's role is to determine who is being truthful.

9. A Sampling of Suggestions for Investigating Complaints of Sexual Harassment: • Determine the relationship between the victim and suspect • Determine the exact nature of the harassment • Determine how long it has been occurring • Find out if there were any witnesses • Determine if there have there been other complaints • Obtain both versions • Refer to the appropriate person or agency

10. Obtaining Evidence in an Investigation • Maintain the chain of custody of ALL evidence in the investigation • Chain of Custody: “documentation who has possessed the evidence, and when, since we came into possession of it”

11. Obtaining Evidence in an Investigation • Communication Skills: • Interviewing – a controlled conversation with witnesses to, or victims of, a crime • Interrogation – a controlled conversation with persons suspected of being involved in a crime

12. Obtaining Evidence in an Investigation • When conducting interrogations, security personnel need to know how Miranda applies to them in their jurisdiction. • Some jurisdictions state that security personnel do not need to give Miranda warnings to suspects. • Other courts have ruled that private security officers must give Miranda, as they are in reality trying to enforce the law.

13. Non-verbal communication • Non-verbal communication can be just as informative as verbal communication. • Examples: • A person’s attire • Eye movements • Facial expressions • Posture • Gestures • Tone • Proximity • Touch

14. Non-verbal communication • Keeping alert, and educating yourself and your staff on what to look for, can be very beneficial when dealing with people.

15. The Importance of Listening • Too often, people hear but do not actually “listen”. • Listening tips: • Be interested in the person and the message • Be less self-centered • Do not let personal biases turn you off • Prepare to listen – keep an open mind

16. Taking Notes • Taking notes is mandatory when conducting investigations. • They are a permanent aid to your memory – NEVER trust just your memory. • Good note-taking is just as much a skill as good writing. You need to practice to be good.

17. ABC’s of Note Taking A – Accuracy • Accuracy is imperative; you can’t write a good report if you don’t take accurate notes. • You ensure accuracy by repeating information back, spelling names and verifying numbers.

18. ABC’s of Note Taking B - Brevity • Brevity means conciseness • Accomplished by omitting articles such as a, an and the, as well as other unnecessary words • Using common abbreviations is also another way to accomplish this.

19. ABC’s of Note Taking C - Clarity • This is recording specific, concrete, objective facts. • This is aided by using diagrams and sketches. • Minimal reference to opinions or speculation • Write legibly!

20. Well-Written Report Characteristics • A well-written report has many of the same characteristics as well-written notes.

21. Well-Written Report Characteristics • Factual • Accurate • Objective • Complete • Concise • Clear • Mechanically Correct • Legible

22. Testifying in Court • The importance of effective investigation and quality reports is highlighted in court. • It is critical that personnel be properly and fully prepared for their court appearance.

23. Testifying in Court • Preparing for Court: • Attend court sessions in advance to become familiar with the atmosphere and operation of the courtroom. • Review reports • Dress Professionally • Act Professionally • Respond respectfully (Yes, your honor; Yes, Sir; Yes, ma’am…)

24. Testifying in Court Court Terminology: • Interrogatories: a series of questions a defendant is asked to respond to • Deposition: a mini–trial where the defendant’s statements are recorded verbatim • Impeaching the witness – efforts taken by the defense attorney to discredit a witness’s testimony • Bench trial – a trial in front of a judge only, no jury

25. Testifying in Court Court Terminology: • Direct examination – initial questioning of a witness or defendant by the lawyer on “their side” • Cross-examination – questioning by the opposing side

26. Testifying in Court Guidelines for effective testimony: • Speak clearly and firmly • Answer questions directly. Do not volunteer information. • Pause briefly before answering. • Refer to your notes if you do not recall exact details.

27. Testifying in Court Under cross–examination, be prepared for: • The defense attorney to be disarmingly friendly or intimidatingly rude • Attack your skill or credibility • Deliberately misquote you • Ask for a simple answer to a complex question • Use rapid-fire questioning • Use the silent treatment