Chapter 5

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Chapter 5
Obtaining Information
Three Primary Sources of
Information
1. Reports, records and
databases, including
those found on the
Internet
2. People who are not
suspects in a crime,
but know something
about the crime or
those involved
3. Suspects in the
crime
Reports, Records, and Databases
• Local Resources: records and reports of
your police department
• Caller ID
• All Phone Records
• All State Information Sources, such as
State Police, Department of Corrections
and Motor Vehicles, Parole Commission,
and State Liquor Authority.
Federal Sources of Information
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FBI
National Crime Information Center
U.S. Post Office
Immigration and Naturalization Service
Social Security Administration
ATF
DEA
People with Information
• Complainant – a person who requests that some
action be taken
• Witness – a person who saw a crime or some
part of a crime being committed
• Victim – a person injured by a crime
• Suspect – a person considered to be directly, or
indirectly connected with a crime
• Informant – anyone who can provide
information about a case but who is not a
complainant, witness, victim, or suspect
Interview and Interrogation
• Interview – a process of obtaining
information from people who have
knowledge that might be helpful in a
criminal investigation.
• Interrogation – a conversation between an
investigator and a suspect that is designed
to match acquired information to the
suspect and secure a confession.
Characteristics of an Effective
Interviewer/Interrogator
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Adaptable
Culturally Adroit
Self-controlled/Patient
Confident
Optimistic
Sensitive to Individual Rights
Knowledgeable of the Elements of Crimes
The Interview
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Plan the interview in advance
Select the time and place
Begin the Interview
Establish Rapport
Network the Interview
Interviewing Techniques
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Listen and Observe
Direct Questions
Indirect Questions
Repetition
Reluctant Interviewees
• Logical Approach: based on Reason
• Emotional Approach: addresses such
negative feelings as hate, anger, greed,
revenge, pride, and jealousy
Cognitive Interview
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Tries to get the interviewee to recall the
scene mentally by using mnemonic
techniques aimed at encouraging focused
retrieval.
1.
2.
3.
4.
5.
Introduction
Open-ended narration
Probing memory codes
Review
Close
Enhancing Communication
• Prepare for each interview in advance if
time permits
• Obtain your information as soon after the
incident as possible
• Be considerate of suspect’s feelings
• Be friendly. Try to establish rapport
• Use a private setting if possible
• Eliminate physical barriers
Enhancing Communication
Continued
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Sit rather than stand
Encourage conversation
Ask simple questions
Ask one question at a time
Listen to what is said and how it is said
Watch for indications of tension,
nervousness, surprise, embarrassment,
anger, fear, or guilt
Emotional Barriers to
Communication
• Attitudes– the ingrained attitude that telling the
truth to the police is wrong
• Prejudices – concerning a person race, beliefs,
religion, amount of education, and economic
status
• Fear – witnesses fear that criminals will harm
them or their family
• Anger
• Self-preservation
The Fifth Amendment
• … no person shall be compelled in any
criminal case to be a witness against
himself.
Miranda Warning
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Suspects must be informed of their right
1. To remain silent
2. To have an attorney present
3. To have an appointed attorney if they cannot
afford one
4. That anything they say may be used against
them in court
•
Miranda applies when the suspect is being
questioned and is in custody
Waiving Miranda
• A suspect can waive the rights granted by
Miranda, but must do so intelligently and
knowingly.
• A waiver is accompanied by a written or
witnessed oral statement that the waiver
was voluntary.
• Silence in itself is not a waiver.
Other Miranda-type Decisions
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Edwards v. Arizona
U.S. v. Dockery
Minnesota v. Murphy
Berkemer v. McCarty
Illinois v. Perkins
Other Important Cases
• N.Y. v. Quarles
• Brewer v. Williams
• Nix v. Williams
Approaches to Interrogation
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Inquiring directly or indirectly
Forcing responses
Deflating or inflating the ego
Minimizing or maximizing the crime
Projecting the blame
Rationalization
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