Chapter 6 Obtaining Information and Intelligence Hess 6

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

Sources of Information OVERVIEW • Three primary sources of information are available v v v 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

Interviewing and Interrogating OVERVIEW • Information is obtained continuously throughout an investigation • Interview v Not suspects but know something of value • Interrogation v 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 v v Listen Observe • Types of questions: direct, indirect, closed-ended, open-ended and leading • Recording and videotaping interviews and interrogations Hess 6 -9

The Interview OVERVIEW • Establish priority of obtaining statements • Main sources of information v 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 Interrogation THE MIRANDA WARNING • • When Miranda does not apply Waiving the rights The effects of Miranda challenged “QUESTION FIRST” OR “BEACHHEADING” • Found unconstitutional Hess 6 -16

The Interrogation INTERPLAY OF 4 TH AND 5 TH 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

Questioning Children and Juveniles 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

Evaluating and Corroborating Information 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

Scientific Aids to Obtaining and Evaluating Information POLYGRAPH AND VOICE STRESS TESTS • Records several measurements on a visible graph v v v Respiration Depth of breathing Skin’s electrical resistance Blood pressure Pulse Hess 6 -24

Use of Psychics and Profilers 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

Sharing Information INTERAGENCY COMPATABILITY • Obstacles to overcome • Some sharing efforts v v v One DOJ initiative Law Enforcement National Data Exchange (N-DEx) Crime. Cog Hess 6 -26

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

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