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

• 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

• Adaptable

• Culturally Adroit

• Self-controlled/Patient

• Confident

• Optimistic

• Sensitive to Individual Rights

• Knowledgeable of the Elements of Crimes

The Interview

• Plan the interview in advance

• Select the time and place

• Begin the Interview

• Establish Rapport

• Network the Interview

Interviewing Techniques

• 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

• Tries to get the interviewee to recall the scene mentally by using mnemonic techniques aimed at encouraging focused retrieval.

1. Introduction2. Open-ended narration3. Probing memory codes4. Review5. 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

• 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

• Suspects must be informed of their right 1. To remain silent2. To have an attorney present3. To have an appointed attorney if they cannot

afford one4. 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

• 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

• Inquiring directly or indirectly

• Forcing responses

• Deflating or inflating the ego

• Minimizing or maximizing the crime

• Projecting the blame

• Rationalization