Chapter 6

Obtaining Information and Intelligence

Hess 6-1

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 crime

ENHANCING 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

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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

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The Interview

STATEMENTS• Legal narrative • Description of events related to a crime• Formal, detailed account

CLOSING THE INTERVIEW• Thank the person for cooperating

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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

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The Interrogation

INTERPLAY OF 4TH AND 5TH AMENDMENTS• Public safety exception• Right to counsel under the Fifth and Sixth

Amendments

FOREIGN NATIONALS• Vienna Convention Treaty, signed in 1963• Diplomatic immunity

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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

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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

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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 electricalresistance 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 NationalData 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