Chapter 6 - Obtaining Information and Intelligence
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Transcript of Chapter 6 - Obtaining Information and Intelligence
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 crimeENHANCING 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
AmendmentsFOREIGN 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