Chapter 06

SUNYUlsterInstructs 323 views 28 slides Jan 14, 2013
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Chapter 6
Obtaining Information and Intelligence
Hess 6-1

Introduction
•Knowledge obtained through questioning and physical
evidence is equally important
•Questioning can provide leads for finding physical
evidence
•Confession must be supported by physical evidence or
other corroboration
Hess 6-2

OVERVIEW
•Three primary sources of information are available

Reports, records and databases

People who are not suspects in a crime but who know
something about the crime

Suspects in the crime
Hess 6-3
Sources of Information

REPORTS, RECORDS AND DATABASES
•Local resources
•Auto track systems
•Caller ID
•Pen registers
•Dialed number recorders (DNRs)
•State and federal resources
Hess 6-4
Sources of Information

THE INTERNET
•Extremely valuable source of information
VICTIMS, COMPLAINTS AND WITNESSES
•Neighborhood canvass
•Knock and talk
•A caution
Hess 6-5
Sources of Information

INFORMANTS
•Confidential informants
•Establishing reliability
SUSPECTS
•Directly or indirectly connected with a crime
•Field interviews
Hess 6-6
Sources of Information

OVERVIEW
•Information is obtained continuously throughout an
investigation
•Interview

Not suspects but know something of value
•Interrogation

Suspected of direct or indirect involvement
Hess 6-7
Interviewing and Interrogating

CHARACTERISTICS OF EFFECTIVE
INTERVIEWER/INTERROGATOR
•Adaptable and culturally adroit
•Knowledgeable about
elements of crime
ENHANCING COMMUNICATION
•Emotional barriers
•Other barriers
Hess 6-8
Interviewing and Interrogating

EFFECTIVE QUESTIONING TECHNIQUES
•Two basic requirements

Listen

Observe
•Types of questions: direct, indirect, closed-ended,
open-ended and leading
•Recording and videotaping interviews and
interrogations
Hess 6-9
Interviewing and Interrogating

OVERVIEW
•Establish priority of obtaining statements
•Main sources of information

Complainant, the victim and witnesses
•In most cases, interview complainants first
•Record both positive and negative information
Hess 6-10
The Interview

ADVANCE PLANNING
•Review reports about the case
•Anticipate how people will respond
SELECTING THE TIME AND PLACE
•Ensure scene is safe and determine complainant
•Witnesses recall details best immediately
Hess 6-11
The Interview

BEGINNING THE INTERVIEW
•Friendly but professional
•Show your credentials
ESTABLISHING RAPPORT
•Understanding
•Careful listening
•Enhance rapport
Hess 6-12
The Interview

NETWORKING AN INTERVIEW
•Establishes relationships
•Understand networks in your jurisdiction
RELUCTANT INTERVIEWEES
•Logical approach
•Emotional approach
Hess 6-13
The Interview

THE COGNITIVE INTERVIEW
•Tries to get the interviewee to recall scene mentally
•Secluded, quiet place free of distractions
•Reconstruct the circumstances
TESTIMONIAL HEARSAY
•Includes prior testimony
•Statements made as a result of police interrogation
Hess 6-14
The Interview

STATEMENTS
•Legal narrative
•Description of events related to a crime
•Formal, detailed account
CLOSING THE INTERVIEW
•Thank the person for cooperating
Hess 6-15
The Interview

THE MIRANDA WARNING
•When Miranda does not apply
•Waiving the rights
•The effects of Miranda
•Miranda challenged
“QUESTION FIRST” OR “BEACHHEADING”
•Found unconstitutional
Hess 6-16
The Interrogation

INTERPLAY OF 4TH AND 5TH AMENDMENTS
•Public safety exception
•Right to counsel under the Fifth and Sixth
Amendments
FOREIGN NATIONALS
•Vienna Convention Treaty, signed in 1963
•Diplomatic immunity
Hess 6-17
The Interrogation

SELECTING THE TIME AND PLACE
•Ideal conditions exist at the police station
•Many opinions on furnishings
STARTING THE INTERROGATION
•Show that you are in command
•Watch nonverbal communication
Hess 6-18
The Interrogation

ESTABLISHING RAPPORT
•Show that cooperation is desirable
APPROACHES TO INTERROGATION
•Inquiring directly or indirectly and forcing responses
•Deflating or inflating the ego and projecting the blame
•Rationalizing and combining approaches
•Minimizing or maximizing the crime
Hess 6-19
The Interrogation

USING PERSUASION
•Make suspect comfortable
•Investigative questionnaires
ETHICS AND THE USE OF DECEPTION
•Limited officially sanctioned deception
•Interrogatory deception
•Professional behavior remains important
Hess 6-20
The Interrogation

THIRD-DEGREE TACTICS
•Physical force
•Mental or psychological abuse
ADMISSIONS AND CONFESSIONS
•Voluntary nature of the confession is essential
•Bruton rule
•Adoptive admission
Hess 6-21
The Interrogation

CONSIDERATIONS
•Special considerations exist
•First step is to build rapport
•Must obtain parental permission
•Topics of inquiry may hinder interview
•Do not underrate young people’s intelligence or
cleverness
Hess 6-22
Questioning Children and Juveniles

BREAKING A “PAT” STORY
•Repeats it word for word innumerable times
•Difficult to repeat lies consistently
•Story becomes distorted with mistakes and
exaggerations
•Ask questions that require slightly different answers
Hess 6-23
Evaluating and Corroborating Information

POLYGRAPH AND VOICE STRESS TESTS
•Records several measurements
on a visible graph

Respiration

Depth of breathing

Skin’s electrical
resistance

Blood pressure

Pulse
Hess 6-24
Scientific Aids to Obtaining
and Evaluating Information

SOURCES FOR LEADS
•Psychics popularized by television
•Use of psychics in investigations is controversial
•Profilers are more commonly accepted
•Profiling combines art and science
Hess 6-25
Use of Psychics and Profilers

INTERAGENCY COMPATABILITY
•Obstacles to overcome
•Some sharing efforts

One DOJ initiative

Law Enforcement National
Data Exchange (N-DEx)

CrimeCog
Hess 6-26
Sharing Information

DATA VALUE
•Information is simply data
•Data must have value
•Information plus analysis
•Applying analytical skills
Hess 6-27
Information versus Intelligence

Summary
•The ultimate goal of interviewing and interrogating is to
determine the truth
•Two basic requirements to obtain information are to
listen and to observe
•Interview anyone other than a suspect who has
information about the case
•Special considerations are also observed when
questioning children and youths
•You can sometimes use scientific aids
Hess 6-28
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