AJ 53 – Police Field Operations

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

2. 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

3. 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

4. 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!

5. 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 5th Amendment protections

6. 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

7. 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

8. 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

9. 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

10. 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

11. 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

12. 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 understoodandwaived rights • Silence or lack of response does not qualify • Use of force or coercion could exclude statements obtained

13. 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

14. 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

15. 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

16. 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 381-382

17. 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 385-388 • Records check via Dispatch • Appropriate closure of contact • FI, Release, Arrest

18. 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