洛圣都警察局

001. INTERVIEW DEFINED. The process of questioning non-suspects such as victims or witnesses (who typically are willing to cooperate). This should occur at the crime scene or other suitable location.


002. INTERROGATION DEFINED. The process of questioning suspects (who often may be unwilling to provide information to investigating officers).
Questions or conduct reasonably likely to elicit an incriminating response.
This should occur at a department facility.


003. RECORDING INTERVIEW & INTERROGATIONS. While some officers may choose to use a digital recorder or in-car camera while conducting an interview. Officers should be aware that this may inhibit the person from talking freely. Electronic equipment can also malfunction, leaving the officer with little or no information. Even if an officer is recording the interview, that officer should also take thorough and complete notes of the interview.

When a formal suspect interrogation has been conducted, this interrogation must be logged as a transcript in some form of work submission for record keeping and for potential evidence use.


004. SUSPECT INTERROGATIONS An interrogation means any questioning or conduct that is reasonably likely to elicit (produce) an incriminating response from a suspect (i.e., perpetrator or accomplice). Although, it is possible to interrogate a suspect at the scene before the suspect has been arrested, handcuffed, or otherwise placed in custody, interrogation more commonly takes place after the suspect has been taken into custody, typically as part of a follow-up investigation. When a suspect is both in custody and about to undergo interrogation, then Miranda comes into play.

004.01. MIRANDA ADMONITION In the 1966 case of Miranda v. Arizona, the U. S. Supreme Court set forth a series of procedural safeguards, now known as Miranda admonishments. Before in-custody suspects are interrogated, they must be informed of, and waive their rights to:
remain silent
the presence of an attorney before and during questioning

004.02. INTERROGATION PURPOSE An interrogation serves a number of different purposes:
obtaining an admission or confession
identifying individuals involved in a crime
establishing a persons guilt
corroborating the facts of a crime
obtaining information that could lead to the recovery of evidence or property

004.03. CONFESSION VS ADMISSION A peace officer who conducts an interrogation must have a clear understanding of the difference between a confession and an admission.

Confession: the commission of all of the elements of a crime.

Admission: certain facts that tend to incriminate the individual, but fall short of a confession

004.04. INADMISSIBLE STATEMENTS A confession is the most compelling evidence of a suspects guilt. However, a confession or admission that violates the persons constitutional protections and statutory requirements can be ruled inadmissible as evidence and greatly jeopardize the states position.
The U.S. Supreme Court has upheld the inadmissibility of statements (i.e., confessions, admissions) that were obtained in violation of the following four amendments to the U.S. Constitution.
NOTE:
Maryland v. Shatzer was a Sixth Amendment case where the United States Supreme Court ruled that peace officers could re- initiate questioning of a charged defendant who initially invoked their Fifth Amendment rights only after the defendant has been released from custody for a period of 14 days or more since they last requested an attorney, so long as the defendant waives Miranda.

004.05.PREPARATION Prior to conducting an interrogation, officers should take the time to prepare themselves and form a strategy for obtaining incriminating information.

In the course of this preparation, officers should:
read all case reports so as to be thoroughly familiar with the:
- crime scene
- evidence collected
- earlier statements
learn as much as possible about the individual to be interrogated
decide on an interrogation technique to begin with (understanding that
other techniques may be used during the interrogation as well)
prepare a list of key questions that refer to the:
- elements of the specific crime
- actions taken by the individual
- intent and motive for those actions

004.06. LOCATION To control all outside influences on the individual to be questioned, the interrogation should take place in a room that is:
soundproof
isolated from any other activity
well lit (but not with glaring lights)
furnished with a minimum of furniture and no distracting decorations
secure and protected from interruptions
connected to outside areas by a buzzer or intercom system

004.07 OBTAINING A STATEMENT The goal of an interrogation is to obtain an incriminating statement from the suspect.
When the interrogating officers detect that the suspect is ready to talk openly and honestly, the officers should continue with the technique being applied along with additional tactics to bring the interrogation to a successful conclusion.

The interrogating officers may:
increase the intensity of the questioning
sum up all lies or contradictions already expressed by the suspect
move closer to the suspect to gain his or her confidence

Most importantly though, interrogating officers should never indicate in any way that their attitude has been anything but sincere, no matter which techniques have been employed.

004.08. USE OF SUBTERFUGE Subterfuge is the use of deception or falsehoods as a tactic when interrogating a suspect. In contrast, coercion is the use of force (mental or physical), threats, or overbearing psychological pressure to deprive a suspects free choice to admit, deny, or refuse to answer. The use of subterfuge by an officer during an interrogation is permissible as long it as does not cause an innocent person to confess. Subterfuge may include:

falsely telling a suspect that he or she have been positively identified by a witness and it does not cause a suspect to make a false confession.
The use of subterfuge may play on a suspects individual fear and sense of guilt to the point of the suspect making a willing admission or confession.

Coercion may include:
falsely telling a suspect that members of his/her family will be held accountable if he/she does not confess to a crime.

004.09. INVOLUNTARY CONFESSIONS An involuntary confession or statement is one that results from the use of coercion and therefore is not admissible in court for any purpose. Unlike statements obtained in violation of Miranda, an involuntary confession may not be used as evidence to impeach witnesses or in any other way against the accused individual



005. INTERVIEWING A WITNESS OR VICTIM

005.01 PREPARATION Before beginning any crime scene interview, officers should properly prepare themselves and the individual(s) to be interviewed.

Be physically and mentally prepared;
Become well acquainted with the circumstances surrounding the crime.
Determine the number, role, and priority of the people who should be interviewed (i.e., victim, witness, suspect, etc.).
Develop an interview plan of questions that should be asked to establish the facts of the incident (i.e., who, what, when, where, why, how).
Organize equipment that will be needed to document the interviewees statements (e.g., notebook and pencil, tape recorder with charged batteries and blank cassettes).

Separate the involved parties:
If possible, move the person, with his or her consent, to a location where there will be no interruptions or distractions.
Focus the persons attention on speaking with the officer rather than on interacting with others.

Establish rapport:
Tell the interviewee why the interview is being conducted.
Describe the interview process that will be followed.
Assure the person that by using this process, the officer will be able to gather that persons statement accurately.
Be courteous, considerate, and patient.
Control the interview by remaining calm and polite.

005.02 LISTENING ATTENTIVELY Initially, the officers focus should be strictly on the other person listening (not taking notes) to what that individual has to say.

Ask the person to recount what has happened:
Allow the person to speak freely.
Have the person describe the incident just as that person understands it, using that persons own words

Keep the person focused:
If the person should begin to wander from the specific topic, guide the person back to the subject (e.g., You mentioned that.... Lets go back to...).
Maintain eye contact and use nonverbal gestures (e.g., nodding the head) to encourage the person.

Listen carefully to what is being said:
Be particularly attentive to the essentials of the incident as described by that person including, but not limited to, the: - role of the person being interviewed (victim, witness, etc.)
- type of crime, if any, that has been committed
- time of the occurrence
- exact location of the person during the crime or incident

005.03 TAKE NOTES, ASK QUESTIONS When the person has finished speaking initially, the interviewing officer can begin to question the individual and capture information on paper as part of that officers field notes.

Obtain identification information:
Confirm the persons role in the event or incident (e.g., victim, witness, possible suspect, etc.).
Note the persons:
- complete name
- address and phone number (home and work)
- any other information necessary for identification purposes

Ask the interviewee to repeat that persons account of what happened:
Guide the interview by asking questions that will keep the person from becoming distracted and wandering from the point.
Stop the person and ask questions when necessary to clarify points.
Write down information in short statements.
If a statement is particularly important, have the person repeat it until it is captured entirely in field notes.

Ask additional questions.
Obtain descriptions of property, suspects, etc.
Ask the individual if that person would like to add any additional information

005.04 VERIFICATION OF INFORMATION Officers should review the individuals statements with the interviewee and allow the interviewee to clarify points, if necessary.

Review information with the person.
Repeat specific information to verify that the information is accurate and complete.
Give the person an opportunity to add facts as necessary.

Ask for confirmation.
Have the person confirm important details such as:
- direct quotes
- time relationships
- information regarding weapons
- physical descriptions

Make modifications or corrections as necessary.
Information may have been initially recorded incorrectly because the officer:
- misunderstood the interviewees statement
- inadvertently wrote something down incorrectly
- may have incorrectly characterized the interviewees statement

Verify changes.
Once any changes have been made, the information that has been added or modified should be verified.

005.04 CLOSE INTERVIEW At the end of each interview, the interviewing officers should thank the individual for that persons time and cooperation. Officers may also choose to explain any further actions that may be taken during the investigative process.


006. ADDITIONAL SOURCES OF INFORMATION During the investigation of a crime, it is imperative that the investigating officer gather as much relevant information as possible. To supplement crime scene interviews or when conducting a follow-up investigation, additional information may be obtained from:
physical evidence
public and private records and other documents
surveillance footage
social media postings
informants