AJ 53 –
Police Field Operations
Chapter 11 –
Interviews and Interrogations
Interview vs. Interrogation
What is the difference?
 Interview = Obtaining information from
a willing/cooperative subject
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Interrogation = Questioning someone
to obtain information they did not
necessarily intend to provide
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RP, Victim, witness, etc.
Suspect, accomplice, reluctant victim/witness,
etc.
Normal patrol duties regularly place
Officer in both situations
The Art of Interviewing
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Skills required
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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
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Ability, Desire, Study, and Practice
Generalizing leads to poor communication
Three-Step Process
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Listen, Question, Clarify
Goals of the Interview
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Complete & Accurate Information
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Determine Facts
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Honesty & reliability of witnesses?
Verify information as needed
Proceed According to a Plan
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Thorough interviews
Compare/contrast varying witness statements
Prepare questions before the interview begins
Each witness may require different set of questions
Arrive at the Truth
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Ultimate goal of an investigation
Avoid preconceived ideas of what someone might say
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Truth outweighs making an arrest simply to clear a case!
Terms and Definitions
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Interview
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Information-gathering process from
someone who has particular knowledge
Implies cooperation and/or consent
Interrogation
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Information-gathering process from
someone who may be reluctant to share
May fall under 5th Amendment protections
Terms & Definitions (cont.)
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Confession
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Direct acknowledgment/statement of guilt
May admit to the ultimate act of the case
Admission
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Statement of facts pertaining to a case
May be coupled with other facts to
determine guilt
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Might not sustain a conviction by itself
Preparing for the Interview
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Facts of the Case
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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
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Background check
Relationship to incident
Level of cooperation/interest
Interview Considerations
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Location of the Interview
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Provide privacy and time
Free from distractions/interruptions
Seating Arrangements
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Table/chairs manipulated to produce physical
or psychological advantage/disadvantage
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Height
Proximity
Table as barrier
May also establish environment of
trust/cooperation
Considerations (continued)
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Comfort of Interviewee
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Avoid claims of mistreatment or duress
Provide water, snacks, bathroom facilities
Smoking?
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Not allowed in most public buildings
Establish Rapport
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Crucial to successful interview/interrogation!
Builds trust and cooperation
Opens lines of communication
Other Considerations
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Generally looking for two types of
answers during interview
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“Yes” or “No”
Short-answers to provide specific information
Stay focused on asking the questions
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Avoid providing information to interviewee
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Some very skilled at manipulating the interview
Interviewing Techniques
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Sympathetic Approach
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Show interest in the interviewee
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Share the emotional trauma of the event
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Justice will prevail
Logical Approach
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Present facts and evidence of the situation
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Sadness, sympathy, concern
Work together to reach the Truth
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Trust = Cooperation = Information
Probable cause, legal penalties, etc.
Allow person to present his/her side of the story
Combination of these techniques may be effective
Constitutional Issues
Miranda vs. Arizona (1966)
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Supreme Court guidelines for custodial interrogations
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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 understood and waived rights
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Silence or lack of response does not qualify
Use of force or coercion could exclude statements
obtained
Custodial Interrogation
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Definition of “in custody”?
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Subject significantly deprived of freedom
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Under circumstances where investigation
focused on subject at accusatory stage
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Can not get up and walk away
Aware of or reasonably believes to be true
Application to Field Interviews?
Focus could change mid-interview and
thus require Miranda advisement
Miranda (continued)
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Must you advise every arrestee per Miranda?
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Spontaneous statements?
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Exception to Miranda requirements
Private citizens?
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No, despite what you see on TV!
Sometimes better to wait until situation cools down
Miranda not required unless acting as agent for Law
Enforcement
Public Safety exception
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New York vs. Quarles
Use of Deception
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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”
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Nature of injuries
Fingerprints found at crime scene
Accomplice statements
Field Interviews
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Objectives of a Field Interview
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Identification
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Crime Prevention/Repression
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People know that you know them
Record of Contacts
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Know the people in your jurisdiction
Serves as a mini-report of people, locations, times, etc.
Legal justification to conduct FI?
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Reasonable Suspicion to Detain
Refer to list on pages 381-382
Field-Interview Considerations
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Nature of the Contact
Subject’s Demeanor
Location, Time-of-Day, etc.
Investigation of suspicious
activity/behavior
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Refer to list on pages 385-388
Records check via Dispatch
Appropriate closure of contact
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FI, Release, Arrest
FI Considerations (continued)
Officer-Safety & Tactics
 Radio communications!
 Proper stance, distance, etc.
 Pat-down for weapons as appropriate
 Situational awareness
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Other subjects, vehicles, etc.
Open doors/windows
Look up!
Request back-up as needed