Interview / Interrogations

Police should obtain whenever possible,

An expressed written waiver.

Berkemer v. McCarty

Generally, investigative traffic stops by police for ordinary violations, including suspicion of OUI, are not considered custodial. For example, after a suspect was pulled over for weaving between lanes, the officer asked the suspect if he had anything to drink. The suspect replied, "two beers." The court ruled that the suspect was not in custody.

Develop information

Information is developed by asking questions, watching behavior and listening.

Truthful people are...

forthcoming with specific details and eager to elaborate when asked.

Rapport

friendly relationship marked by ready communication and mutual understanding or a relationship built on mutual trust or emotional affinity.

When conducted in a legal and skillful manner, interviews and interrogations can be used to

gather reliable and truthful information from victims, witnesses and suspects.

"Respectful treatment by officers encourages..

guilty suspects to provide fuller accounts of their actions."

If the suspect re-approaches officers after invoking his right to silence, and wants to talk, officers must still meet the following legal standards:

i) Contact must be initiated entirely by suspect ii) Suspect's decision to make contact and re-approach must have been made freely iii) Suspect must indicate intent to talk about material facts of involved case iv) Suspect must waive Miranda rights if still in custody

A "totality of the circumstances" test

is also used to determine voluntariness of a defendant's statements.

For a Miranda waiver to be valid,

it must be knowing, intelligent, and voluntary

Closed-ended questions

restrict answers to pre- defined choices which may also limit the amount of information obtained

Interviews and interrogations must also follow

specific legal standards to withstand court challenges.

Moving into intimate spaces (<2') can increase

stress and should only be done with strategic purpose.

Note: Avoid body language or comments that communicates

surprise, sarcasm, shock or disappointment.

To be considered "voluntary," a suspect's statement also must be

the "product of a rational intellect." This means that, at the time the statement was made, the speaker must have been capable of appreciating the consequences of his statement.

Officers must provide Miranda Warnings to assure..

the individual's right to choose between speech and silence remains unfettered throughout the interrogation process.

If a suspect invokes his right to counsel, officers cannot approach while the suspect is in custody. However, officers may conduct a custodial interrogation with suspects who invoke a right to counsel, IF:

• The suspect's lawyer is physically present • The suspect initiates communication; OR • There has been a 14-day break in custody

Summarize interviewee answers and statements EXAMPLE

• "What I heard you say was [x]. Is that correct?" • "Is everything I just said accurate?"

Miranda Warning Statement

• "You have the right to remain silent. • Anything you say can and will be used against you in a court of law. • You have the right to an attorney. • If you cannot afford an attorney, one will be appointed for you." Although not required, officers may add, "If you do decide to answer questions, you still have the right to stop answering at any time."

With respect to intoxication, evidence of drug or alcohol use or withdrawal alone does not render a confession involuntary. Consider the following cases:

• Defendant's statements were involuntary where he was "extremely high" and "detached from reality." • Where suspect was high on cocaine at time of statement, fact that conversation was coherent and he had presence of mind to plan his flight indicated that his statement was voluntary. Police should delay interrogating suspects who are not calm and rational.

P.R.I.N.C.I.P.L.E.S

• Plan the interrogation • Rapport building • MIranda rights • Normalize honesty • Clarify information • Identify contradictions • Push through denials • Listen and Look • Evidence gathering • Summarize

P.R.I.D.E.S.

• Plan the interview • Rapport building • Identify people • Develop information • Evaluate information • Summarize

The following concepts are general best practices used to build trust and gain reliable information during interviews and interrogations.

• Rapport • Respect • Neutrality • Questioning • Active listening • Professionalism

Normalize Honesty

True confessions require suspects to answer questions honestly. Officers who provide interrogation environments where honesty is discussed, expected and practiced have the best chance of obtaining accurate and true information.

Rapport building best practices (#2)

Use a friendly and non-accusatory conversation style.

Respect

an act of giving particular attention, thoughtfulness and sympathy that exists between people.

Factors used by courts to determine coercion include the following:

i) How long was the interview? ii) How many officers were present? iii) Did officers use deception, threats, or promises? iv) What was the officer's conduct like during questioning? v) What was the suspect's physical condition? vi) Was the suspect offered food, beverages, or time to rest?

Rapport building to Miranda

"Do you know why we are here today? [Allow time for suspect to answer]. To make sure your rights are protected, we need to spend a few minutes on Miranda." "Before we move forward, I need to make sure you fully understand your rights. To help you, I will read your rights out loud to you. After I'm finished, you can ask me questions about what they mean. When you feel comfortable and are ready, we can start talking about what happened."

Visible signs of deception to include the following:

(a) Time delays in answering questions (b) Speech hesitations (e.g., "um") and stuttering (c) Slower speech rate (d) Increased speech grammar errors (e) Reduced hand, arm and finger gestures and movements (f) Reduced blinking

To demonstrate voluntariness, officers can add the following question to Miranda Warnings:

"Do you want to waive your rights?" A "Yes" answer by suspects is generally enough to satisfy voluntariness for courts. Any unclear answer (e.g., "I am not sure," etc.) requires police to take all necessary steps to ensure suspect voluntarily waives their rights.

Be patient, listen and give all sides equal time and opportunity to communicate their position. EXAMPLE

"I'm just trying to get to the bottom of this and find out what really happened."

Gain EXAMPLE

"People will take advantage of short- term gains to obey an authority figure when long-term consequences are delayed." EX. people have given false confessions to end the stressful interrogation experience (short-term gain) and dismissed the long-term consequences of a wrongful conviction. "Unreasonably lengthy interrogations are associated with false confessions. Simply ending a stressful interrogation may be enough for some individuals to provide a false confession."

Field Interviews Purpose (Terry v. Ohio)

"Street encounters between citizens and police officers are incredibly rich in diversity. They range from wholly friendly exchanges of pleasantries or mutually useful information to hostile confrontations of armed men involving arrests, injuries, or loss of life. Encounters are initiated by the police for a wide variety of purposes, some of which are wholly unrelated to a desire to prosecute for crime."

Active Listening FACT

"Victims, witnesses and suspects provide 3-4 times more information to officers who actively listen during interviews.

Plan the Interview Research FACT

"Well-defined interview goals increase the probability of success because the interview will proceed with direction and purpose."

Best practices to demonstrate professionalism

(1) Be neutral (2) Be responsible (3) Be prepared (4) Recognize limitations

Ex. a witness who was on their way to work may have limited time to talk with an officer immediately. To increase interviewee participation and accuracy of information provided, officers must adapt to time constraints by:

(1) Conducting a brief interview to determine if a person has any information of value (2) Quickly gathering name, phone and address of person to make contact later (3) Setting up a scheduled interview on a date and time convenient for person Nature and seriousness of event will determine how long officer can wait to interview people.

Best practices for reporting field interviews include the following:

(1) Date and time (2) Specific reason for field interview (3) Location (4) Interviewee contact information (5) Interviewee description (6) Interviewee mode of travel (7) Questions asked by police (8) Statements made by interviewee; this includes answers to police questions (9) Request to conduct consent search (10) Length of interview Note: Field interviews for investigative stops require officers to report specific and articulable facts.

Use the following best practices when Planning the interrogation.

(1) Define goals of interrogation. (2) Determine need to have another officer present in the room or watching remotely to assist. If more than one officer is used, establish individual roles in advance. For example, one officer will ask questions while the other takes notes. (3) Identify specific information that must be obtained to meet goals of interrogation. EX. if purpose of interrogation is to file charges, officers must identify M.G.L. elements for the alleged crime. (4) Review all case materials, evidence and suspect's criminal history and background. Identify avenues for building and maintaining rapport with suspect. (5) Develop written list of interview questions to obtain needed information. (6) Arrange the interview room. (7) Test all audio and video recording devices to confirm proper operation. Use agency owned equipment to record an interrogation. (8) Obtain all required forms (e.g., Miranda waiver, Safe Harbor, etc.) (9) Secure all weapons. Remove any dangerous items from room. (10) Prepare notetaking strategy. EX. if two officers are used for an interrogation, designate one to ask questions and the other to take notes. (11) Search suspect before entering interview room.

Use the following Evidence collection practices for interrogations:

(1) Enter interrogation audio and video recordings into evidence using reliable chain of custody. (2) Ask suspect to make a written statement.

Use the following best practices to Normalize honesty:

(1) Explain allegations, seriousness of offense and potential consequences. (2) Emphasize importance of honesty and truthfulness after Miranda warnings and before questioning begins. (3) Make an "honesty pledge" with suspect to reiterate the importance of truthfulness.

Specific reason for field interview

(a) Witness, victim, suspect (b) Neighborhood canvass (c) General contact

Research on professionalism (2)

(1) In a survey, convicted child molesters said they were planning to provide pertinent info during interrogations, but did not because the interviewing officer was unprofessional and negative toward them. (2) Suspects who perceived their interviewing officer to be professional were more likely to confess.

Research on rapport building

(1) Info provided by witnesses is more accurate when good interview rapport has been established (2) An interview style based on rapport building helps victims and witnesses remember and provide more info than an accusatory interview style (3) An effective interview rapport helps suspects overcome stress and anxiety when speaking with police officers. This helps conversations flow more freely and improves suspect cooperation.

Direct questioning or functional equivalent

(1) Interrogation begins when police ask a direct question designed to or reasonably likely to, elicit an incriminating response (2) Courts ruled that officers can't engage in the "functional equivalent" of interrogation when they use words/actions the officer knows or should know are reasonably likely to elicit an incriminating response. (3) Booking questions are generally not considered to be "interrogation" because they are not reasonably likely to elicit an incriminating response.

Use the following best practices to Clarify information:

(1) Make an initial statement that provides suspects with an open invitation to clarify or explain. (2) Use open-ended questions to gather initial statement and clarify details. (3) Don't interrupt, even if the suspect is being untruthful. Allow suspect to answer without interrupting and identify areas for follow-up questions. (4) Use gesturing, mirroring, echo probing, silence and other active listening techniques to encourage suspect to keep talking. (5) Listen to suspect word choices, watch behavior and take notes. (6) Try to obtain a confession.

Use the following best practices when obtaining written statements:

(1) Obtain written statements at the end of interview. (2) Provide interviewee with pen and paper (or agency form) to write statement by hand. (3) Remind interviewee to include dates, times, people and anything he believes is important. (4) Provide interviewee with privacy to write statement. (5) Review completed statement with interviewee. If an interviewee wants to make a correction, instruct him to cross it out and initial by hand. (6) Have interviewee confirm/verify written statement with name, signature, date and time.

Common information that victims may need to forward to officers later includes the following:

(1) Property value (e.g., receipts, appraisals) (2) Model, make and serial numbers (3) Pictures of property

Use the following best practices to Push through suspect denials and obtain a true confession:

(1) Return to evidence. Focus on strength of evidence to motivate suspect to see gain in confessing. (2) Respectfully remind suspect of honesty pledge, then return to suspect's contradictions, one at a time. (3) Appeal to suspect's conscience to inspire guilt as a motivator to confess. (4) Offer suspect a moral justification or excuse for committing the crime. "We believe that you didn't mean to hurt anyone." (5) Use praise. "Thank you for being honest with me so far." (6) Do not use dominant interview techniques and demeaning statements. For example, do not say, "You are stupid for not being honest."

Use the following best practices to Identify contradictions:

(1) Reveal incriminating evidence gradually and not all at once. (2) Ask suspects to explain each contradiction one at a time before moving on to the next. It is important for officers to ask suspect pertinent questions about evidence known before revealing. (3) Show respect and remain neutral when revealing contradictions. (4) Avoid using dominant techniques and accusatory statements (e.g., "you are a liar").

Officers are not required to administer Miranda warnings or obtain a waiver under specific exceptions that include the following.

(1) Routine booking question exception (2) Public safety exception (3) Motor Vehicle Stops (4) Non-custodial interrogations

Location (3)

(1) Select location that offers physical safety for officers and interviewees. When needed, maintain a safe distance and use contact & cover tactics. (2) Find location with limited distractions (e.g., noise, movement, weather). (3) Use private location when needed. Some people may be afraid or reluctant to talk with police in public settings. Reasons include fear of retaliation by neighbors, culture or a simple desire to remain anonymous. Giving interviewees privacy and confidentiality when practical can increase participation and accuracy of info provided. In some cases, it may be more effective to gather basic contact info at the scene and arrange for a scheduled interview. Interviewee's privacy needs during a field interview must be balanced with safety needs of officers, suspects and innocent third parties.

Best practices for demonstrating respect

(1) Show empathy by sincerely communicating an understanding for interviewee physical and emotional needs. (2) Always be courteous and polite even when the interviewee fails to do the same. Consider the following example: "I understand that you are [upset/nervous/stressed], but I've treated you fairly and respectfully. I have not raised my voice or yelled. I would appreciate the same from you." (3) Explain interview or interrogation processes up front and follow through. (4) Never use humiliation or sarcasm. (5) Do not communicate your personal opinions or be judgmental about interviewee actions, statements or behavior. (6) Use appropriate language for age, culture or affiliation (e.g., gang). When language is used inappropriately, it can be interpreted by interviewee as "posing" or being disrespectful.

More accurate body language indicators appear simultaneously with, or in close proximity to false statements.

(1) Significant decrease in hand gestures and finger movements when communicating (2) Decrease in eye contact (e.g., gaze aversion)

Use the following best practices for MIranda warnings.

(1) Sit beside the suspect briefly to read warnings and encourage suspects to read along silently. This helps confirm the suspect knowingly heard and saw Miranda warnings. (2) Use as much time as needed to administer Miranda warnings and take necessary steps to avoid interruptions. (3) When recording interrogations, be sure to announce or capture the date, time, names of all people in the room and reading of Miranda warnings. (4) To demonstrate suspect intelligence, ask: "Do you understand these rights?" (5) To demonstrate suspect voluntariness, ask "Do you want to waive your rights?" (6) Officers should obtain express waiver (7) A suspect may invoke his right to silence or counsel at any time during the interrogation. If this occurs, officers must stop the interrogation immediately. (8) Rapport transitioning

Use the following best practices to Summarize and conclude an interrogation:

(1) Summarize the suspect's full statement. (2) Summarize next steps and expectations for suspect. (3) Give suspect last word and ask if he has any final questions or statements. (4) End interrogation with a sincere "thank you" and positive note. Interrogations and confessions can be highly stressful and emotional events. (5) Report the interrogation.

Research on respect (3)

(1) Suspects were more likely to provide information or confess to a crime if they felt the interviewing officer was treating them with respect. (2) Inmates convicted of murder and other serious sexual offenses were more likely to confess if they felt respected. (3) Respect shown by officers was the primary reason child molestation suspects confessed during interviews. Suspects did not confess when officers used demeaning and coercive treatment.

Officers should listen for and identify the following within other false statements.

(1) Take longer to begin answering a question (2) More speech hesitations (e.g., "um," "uh," etc.) (3) Slower speech rate (less words per minute) (4) Repeating question before answering (may indicate taking time to form false answer)

Use the following best practices to Listen during interrogations:

(1) Use silence. (2) Use active listening techniques. (3) Use closed-ended questions to clarify suspect statements. (4) Take notes and develop follow-up questions when needed.

When circumstances allow, officers can prioritize order of people to interview.

(1) Victim (2) Witness (3) Suspect Note: Interviewing suspects last allows investigators to gather evidence first and develop a general understanding of what happened.

To determine whether a person was in custody at the time a statement was made, the courts consider several factors, including the following:

(1) Where did questioning take place (i.e., police station, public place, home, etc.)? (2) Did police communicate or convey to person being questioned that they are a suspect? (3) How long was the interview? (4) What type of questions did police ask? (5) Did officers use an aggressive or informal interview methodology? (6) Was the person free to leave interview location or ask police to leave?

Best practices for reporting scheduled interviews include the following.

(1) Written statements (2) Reason for scheduled interview (e.g., witness, victim, suspect, general information unrelated to a crime, etc.) (3) How person arrived at interview location (e.g., brought by police; drove self, etc.) (4) Date and time (5) Location (6) Interviewee (7) Questions asked by police (8) Statements made including answers to police questions (9) Length of interview

Closed-ended questions can be used to:

(A) Gather basic info (b) Identify shared interests, likes or dislikes with interviewee (i.e., build rapport), but be genuine. (c) Watch interviewee's body language and behavior for future comparison. For example, interviewee body language to non-threatening closed-ended questions vs. open-ended questions where more anxiety was detected. (d) Confirm or clarify answers to open-ended questions. (e) Ask direct questions to determine conduct or knowledge.

Use the following best practices to clearly establish a voluntary and non- custodial interrogation:

(a) Do not surround person with multiple officers. (B) Avoid displaying weapons during questioning. (c) Allow person being questioned to have family or friends present. (d) Conduct interview in a neutral location or one familiar to person being questioned. (e) Tell person being questioned they are "not under arrest"; "free to stop the interview at any time"; and "free to leave at any time."

Open-ended questions are used to:

(a) Facilitate general conversation (B) Identify shared interests, likes or dislikes with interviewee (i.e., build rapport) (c) Understand interviewee, communication style, memory and personality (d) Gather initial facts • "Please tell me what happened." • "Why do you believe [topic] happened?" (e) Identify what interviewee considers important or a priority (f) Generate more in-depth and detailed information • "How did he threaten you?" • "What did you decide to do next?" (g) Gather unsolicited information • "What questions do you have for me?" • "Is there anything you think I left out or need to know?" (h) Identify contradictions (i) Watch interviewee's body language and behavior for future comparison. For example, interviewee reaction to non-threatening closed- ended questions vs. open-ended questions where anxiety or deception was detected.

Interviewee description

(a) Height, weight, gender and race; include specific or unique characteristics to identify person (e.g., tattoos, etc.) (b) Full clothing and accessory descriptions; include specific or unique characteristics (e.g., wears glasses, clothing brands, carrying backpack) (c) Physical and emotional state; include injuries, influence of alcohol or drugs

Interviewee contact information

(a) Name and age (b) Current home address (c) Phone number and best time to re-contact

Scheduled Interview: Interviewee

(a) Name, current home address, contact phone numbers; best time and method to make re-contact if needed (b) Physical and emotional state; include influence of alcohol or drugs (c) Use of prescription medications; taken as required (d) Cognitive limitations

At a minimum, document the following interrogation details in official reports:

(a) Officer questions and statements to include Miranda warnings. (b) Suspect answers and statements to include Miranda waiver (i.e., "Yes"). (c) Critical times (d) Interview room size, contents, location of video camera, one-way glass, etc. (e) Names of all people present or watching and their location.

Scheduled Interview: Location

(a) Room size (b) Open or closed access room (c) Door open/closed; locked/unlocked (d) Names of all people present

Voluntary

(a) Suspects must waive their Miranda rights voluntarily and without police coercion such as physical violence, threats, or promises. (b) A waiver of Miranda rights by suspects in custody must be the product of a free and deliberate choice rather than intimidation, coercion, or deception. (c) Police who use a combination of trickery and implied promises may coerce an innocent person to confess and prevent the Commonwealth from meeting the burden of proof for voluntariness. (d) Minimization of crimes committed and implied assurances of leniency with a "now or never" proposition was a coerced and involuntary confession

Written Suspect Statements

(a) Written statements are completed at the end of the interrogation. (b) Suspects may include an apology to victims, family members or others. Offering suspect an opportunity to apologize gives them more control of the writing process and helps establish voluntariness of information provided or confession. (c) Allow suspects to include their rationale or reason for committing the crime (e.g., addicted to drugs, needed money for food, etc.). (d) Review completed statement with suspect. If suspect wants to make a correction, instruct him to cross it out and initial by hand. (e) Have suspect confirm/verify written statement with name, signature, date and time. (f) Use a reliable chain of custody when submitting written statements into evidence.

Evaluate

-evaluate information provided during the interview -review and ask follow-up questions.

Increase Stakes

-identify the risks and consequences associated with untruthfulness. -increase interviewee risks -To increase the stakes, officers should fully explain allegations or seriousness of the event to interviewee.

Other circumstances that impact intelligence also include:

-experience with criminal justice system, physical injury, or impairment from drugs or alcohol. -delay questioning suspects who are intoxicated or under the influence of drugs. To demonstrate a suspect's intelligence, officers can add the following question to Miranda warnings: "Do you understand these rights?"

Interrogation

-formal and systematic questioning of a person in- custody. -planned in advance, occur at the police station and can last for hours. -allow officers more time to gather evidence and develop questions in advance.

Primary reasons why officers are not effective at detecting deception includes the following:

-lie bias -overconfidence -overreliance on faulty indicators -limited use of accurate indicators

Field Interviews

-A brief interaction where police officers talk with and ask people questions to learn info. -used to learn basic and real-time information about people, places and events. -generally occur while working uniform patrol, take place in public settings and last less than 20 minutes. -make small talk with citizens, conduct voluntary encounters, make neighborhood canvasses or conduct investigative stops.

Scheduled Interview

-A planned and formal interaction where police officers ask witnesses, victims, potential suspects or citizens more in- depth questions. -With regard to suspects, scheduled interviews are generally non-custodial. -planned in advance (e.g., date, time, location, etc.) because of circumstance or interviewee needs. -give officers more time to Plan (P.R.I.D.E.) ahead, gather background information and develop questions in advance. -last more than 30 minutes and officer questions are non-accusatory.

Be prepared (professionalism)

-Be organized and have needed documents and forms ready (e.g., Miranda waivers, recording, etc.). -Test and confirm audio or video recorders are working properly. Bring extra pens, notebooks, paper and batteries.

Use time efficiently

-Duration may limit amount and depth of information. -Some field interviews may require people to deviate from daily routines or schedules

Age and emotional disability

-False confessions occur more frequently with people who are younger or afflicted with psychological vulnerabilities. -Age and emotional disabilities can make people more naive, compliant, impulsive and less able to perceive risk. -Attitudes and beliefs are also susceptible to change through pressure and persuasion, especially when the source of persuasion is trustworthy and highly credible, like a police officer.

True Confessions

-In most cases, the person who confesses is the person responsible. -In these circumstances, a confession directly acknowledges the truth of elements under investigation. "Truthful confessions are typically motivated by guilt and gain." The best confession is corroborated with independent evidence.

False Confessions

-In rare circumstances, the person who confesses is not the person responsible. "Twenty-five percent (25%) of wrongful convictions include false confessions" and "false confessions are typically motivated by stress and gain." Interviewee age and emotional disability are also common factors for false confessions.

Children and Leading Questions

-It is critical for officers to avoid asking children leading questions. -Leading questions can be confusing, beyond the cognitive abilities of a child, and may result in false affirmative responses. For serious crimes, consult with or request assistance from an experienced child interviewer.

Obtain written statements.

-Refer to employing agency policy or practice for obtaining written statements. -adds credibility and strengthens validity of information provided during interviews.

Rapport Building

-Suspects participate more fully and provide more information when officers build and maintain rapport. -Never make any promises that are not authorized or cannot be honored.

Questioning

-To gather complete and accurate information -helps officers demonstrate active listening, empathy, understanding and neutrality. -provides officers with an opportunity to watch interviewee body language and evaluate veracity of information provided.

Rapport building

-Victims, witnesses and suspects participate more fully and provide more info when officers build and maintain rapport. -Effective rapport building begins immediately and continues throughout the interview. -When needed, use officer safety tactics (e.g., distance, contact & cover, etc.).

Voluntariness

-any incriminating statement to be made voluntarily. -applies to all defendant's statements, regardless of whether the statements resulted from custodial interrogation.

Open-ended questions

-can produce more accurate information because they allow interviewees to take control of the conversation and communicate freely. -also helps build rapport.

Testimonial Evidence

-communication between officers and suspects during interrogations -critical for officers to document exactly what was said, by whom, and how it was said during interrogations.

Interview v. interrogation

-different legal standards than interviews. The 5th Amendment to the U.S. Constitution provides individual protections from self-incrimination during custodial interrogations. Because info obtained during an interrogation can be vital to criminal prosecution, officers must follow legal standards and possess effective interviewing skills.

Identify people

-easier for officers to re-contact later if needed. -Agency policy may have specific reporting practices for voluntary encounters and field interviews where no enforcement action is taken.

Lie Bias

-potential to distort officer perceptions of witnesses, victims and suspects alike. -preconceived beliefs in a suspect's guilt on the part of an interrogator leads to more false confessions -can damage rapport building and prevent officers from believing true and important information

Dominant Techniques

-produce more denials, refusals, false statements and confessions. -do not build rapport or demonstrate respect or show neutrality.

Professionalism

-skill, good judgment and polite behavior expected from a person who is trained to do a job well -conduct, aims or qualities that characterize a profession or a professional person. -Being professional is Who We Are.

Mirroring

-when one person consciously or subconsciously imitates gestures, seating position or spoken words of another. -People who share rapport tend to mirror each other's gestures.

Use the following best practices when interviewing witnesses:

1. Separate all witnesses immediately and interview separately. 2. Use P.R.I.D.E.S. interview method. 3. Encourage and emphasize need for justice. 4. Avoid sharing information provided by victims, suspects or other witnesses. Doing so may contaminate witness memory and reduce information reliability. 5. Ask witness to forward any new information remembered immediately. Provide witnesses with a phone number or other method to contact officer. 6. Thanking witnesses for their assistance can go a long way to building effective citizen relationships.

Use the following best practices when interviewing children:

1. Use a location where child feels safe. 2. Use age appropriate vocabulary. 3. Take time to establish rapport before questioning. 4. Use open-ended questions to obtain information. 5. Use close-ended questions to clarify information. 6. Do not use leading questions.

Questioning suspects after a 14-day break in custody may violate

6th Amendment right to counsel if the suspect has been formally charged with the crime that is the focus of the interrogation.

Commonwealth v. Sneed

A 70-year-old woman with asthma was not in custody when she permitted investigators to enter her home to question her because the interview took place in the familiar surroundings of her home and she left the room to make a phone call.

Commonwealth v. Buckley

A person is in custody if a reasonable person facing the same facts and circumstances would believe that he is in custody and not free to leave.

Commonwealth v. Rosario

A statement made after a valid Miranda waiver can also be suppressed if police fail to bring a recent arrestee to court for arraignment without unreasonable delay. In Massachusetts, if court is in session while a defendant is detained by police, a delay of more than six (6) hours is unreasonable. If the arrestee's statement is obtained outside of this six-hour ("safe harbor") rule, it will be suppressed as involuntary even if arrestee waived his Miranda rights before making the statement.

Listen and look for the following to detect deception more accurately:

A) False Statements B) Deceptive people avoid questions by being vague or providing partial information about their activities C) Deceptive people provide statements that are inconsistent with the evidence. D) Deceptive people provide unnecessary elaboration to simple "yes" or "no" questions. E) Verbal Cues F) Body Language

Methods to increase cognitive load

A) eye contact B) use second language C) use unanticipated questions D) non-sequential story telling E) reveal evidence

To effectively detect deception, use the following best practices to identify accurate indicators and statement inconsistencies.

A) increase stakes

Rapport building best practices (#8)

Adjust or remove physical barriers between officer and interviewee (e.g., furniture, patrol car, etc.). Minimize external distractions.

Using Interpreters MUST

All custodial interrogations of non-English speaking persons that use an interpreter must be recorded. Commonwealth v. AdonSoto

Closed Questions

Asking questions designed to intentionally limit and force people to give answers that fit an officer- supplied narrative generates distrust.

Rapport building best practices (#7)

Be self-aware and flex communication style by adapting to personality of interviewee. Choose words and delivery methods that resonate with communication needs of interviewee.

Custody

Because Miranda warnings are only required when a person is being interrogated while in custody, it is critical for police officers to determine the precise moment a suspect is in custody.

Rapport building best practices (#3)

Before asking formal questions about the event, allow interviewee time to become accustomed to officer and surroundings.

Sit or stand in front of the LEP person and talk directly to them, not the interpreter.

Correct: "What time did you get home last night?" (to LEP person) Incorrect: Ask him what time he got home last night. (to interpreter)

Rapport building best practices (#10)

Change officers when needed. An interviewee may be more comfortable or willing to speak with an officer who is the same gender, age group or race. Make every effort to accommodate the request when practical and reasonable. If communication with interviewee is strained, awkward or distrustful, stop the interview and try again later or find another officer to conduct interview.

Summarize

Concluding an interrogation in a positive and professional manner maintains rapport and makes it easier to re- approach suspects later if needed. Allows officers to take ownership of the case, demonstrate follow through and give suspects time to think about what has been discussed.

Summarize

Concluding interviews in a positive and professional manner maintains rapport and makes it easier to re-contact interviewee if needed.

Oregon v. Mathiason

Custody for 5th Amendment purposes differs from a 4th Amendment "seizure." For starters, not all seizures are custodial (e.g., investigative stops, traffic stops, etc.). A person is in custody after being formally arrested or when their freedom of movement is restrained to the extent associated with a formal arrest.

Research consistently shows that it is impossible to conclude...

Deception from behavioral cues

False Evidence

Discussing or showing interviewees false evidence can lead to motions to suppress, damage officer's credibility and generate distrust, especially when interviewee knows the evidence is false.

Avoid leading questions EXAMPLE

Do not use questions that suggest or otherwise imply an answer. This can distort the interviewee's perception or memory. This can be more pronounced with victims and witnesses. Leading: Did he punch you in the face? Non-leading: How did you get hurt?

Stress EXAMPLE

Dominant interview techniques used by officers creates fear. People give false confessions out of fear associated with perceived consequences for not confessing.

Echo probing

During pauses, repeat the interviewee's last few words verbatim to inspire further elaboration. Witness: "After the crash, the driver just kept going and would not stop." Officer: "He would not stop. Ok."

Listen and Look

During the Identify and Push phases, suspects may begin to show signs (verbal and non-verbal) that they are ready to tell the truth. Listen for sighing and off-topic utterances and look for sudden changes in suspect posture and eye contact.

Rapport building best practices (#4)

Explain interview or interrogation processes up front and follow through. Letting people know what to expect can help alleviate interviewee stress. Consider the following examples: (a) "The reason we are here is because I need your help with [topic]." (b) "I only have a few questions. It will take less than [X] minutes." (c) "I will ask one question at a time for you to answer. I may take notes and not always make eye contact, but I am listening. I'll save and ask my follow-up questions toward the end of the interview. Do you have any questions for me before we get started?"

Accusations

False or unfounded accusations of lying or withholding information. This can damage officer's credibility and generate distrust, especially when interviewee knows the accusation is false.

Faulty indicators of deception

Fictional movies, television programs, and even some police training courses can falsely lead people to believe that specific body language or verbal cues automatically indicate deception.

Question spacing

Give interviewee time to answer each question fully at their own pace. Do not rush them to finish an answer or ask questions in a rapid-fire succession.

Revealing of evidence to increase cognitive load has to be...

Gradual and Strategic

the most common reasons why people confess to crimes

Guilt Gain Stress

High-stakes v Low-stakes

High-stakes lies are easier to detect than a low-stake (i.e., "white") lie. EX. a high-stakes lie can have significant positive consequences if successful and significant negative consequences for not being believed.

Re-approach by police

If a suspect invokes his right to silence (only), police may re-approach if they "scrupulously honor" the suspect's invocation and wait a "significant period of time."

Second Language During Interview

If an interviewee speaks two languages fluently, use their non-native (or second language) to conduct the interview.

Re-approach by suspect

If suspects invoke their right to silence (only) during interrogation, police may question again, but only if the suspect initiates contact and tells officers that he wants to talk.

Interviewee mode of travel

Includes direction and mode (e.g., on foot, bicycle, motor vehicle) of travel. Provide full descriptions of motor vehicles and bicycles.

Purpose of the Interview

Is the purpose to obtain information from a victim, suspect or witness? Is the purpose to help a specific person, neighborhood watch or advocacy group solve a problem? Can help identify potential avenues for building and maintaining rapport with interviewee.

Rapport building best practices (#9)

Manage proxemics. Begin interviews and interrogations using social (>4') or personal (2'-4') distances. Moving into intimate spaces (<2') can increase stress and should only be done with strategic purpose. Avoid touching interviewees, especially victims of domestic violence and sexual assault.

Silence

Many people will speak just to avoid periods of silence. Waiting to talk can provide interviewees with time to think and inspire further communication.

Massachusetts courts use a 2-part analysis to determine if a statement was voluntary

Part 1: The suspect must not be coerced into making the statement Part 2: The suspect must be rational when the statement was made

For suspects, increase the stakes during

Normalize phase of PRINCIPLES

Clarity Information

Officers may need to clarify information known prior to or provided by suspects during the interrogation.

During long interviews, officers should...

Prepare list of open-ended questions advance, stay on track, and be prepared to deviate from the script when needed. Some interviewee answers may require follow up questions that were not identified.

Stress

People may confess to escape situations and circumstances that cause stress.

Guilt

People may confess to remove feelings of guilt and shame associated with committing crimes or violating social norms.

Gain

People may confess when it is in their best interest. The stronger the evidence is against, the more likely a person will confess.

Miranda Waiver

Police cannot interrogate any suspect in custody unless the suspect waives his Miranda rights. The Commonwealth has the burden of proving a valid waiver of Miranda rights by a standard of proof beyond a reasonable doubt.

Direct Questioning / Functional Equivalent EXAMPLE

Police officers who were unable to locate a murder victim's body told a mentally ill and deeply religious suspect that the victim deserved a Christian burial, and the suspect responded by revealing the location of the body, the court deemed the police conduct to be an interrogation, even though the officers did not ask direct questions about the murder.

For victims and witnesses, increase the stakes during

Rapport phase of PRIDES.

Scheduled Interview: Written Statements

Scheduled interviews are longer, planned and typically occur in settings that allow officers to obtain written statements. Determine beforehand if a written statement will add value.

Rapport building best practices (#5)

Show empathy by sincerely communicating an understanding for interviewee physical and emotional needs. Consider the following examples: (a) "Can I get you anything to drink?" (b) "Would you like to use the restroom before we get started?" (c) "This is a very tough situation. How can I help?" (d) "If you need to take a break at any time, just let me know."

Honest Pledge

Some suspects will not keep their pledge to be honest. However, introducing the value of truthfulness at the beginning of an interrogation helps encourage suspects to be honest. "I'm going to be honest with you, and I need you to be honest with me. We need to trust each other to get through this. Do you promise to be honest with me?"

Rapport building best practices (#1)

Start interview or interrogation with personalized greeting. Consider the following examples: "Hello. My name is Officer Frank Levitz. Thank you very much for taking time to meet with me today. How are you doing today? [pause, let person answer]. "Hello. My name is Officer Amy Valino. I realize this is a difficult situation, but I need your help."

Accurate indicators of deception

Statements that are vague, overly chronological and inconsistent with evidence are more accurate indicators of deception.

Express Waiver

Suspect waives rights verbally (i.e., "Yes") or in writing.

Implied Waiver

Suspect's conduct implies an intent or desire to waive their rights.

Invocation of rights

Suspects in custody can invoke their right to silence or counsel at any time, even after an express or implied waiver.

Right to Counsel

Suspects may invoke their right to counsel at any time during the interrogation. If a suspect invokes his right to counsel, officers must stop the interrogation immediately.

Right to Silence

Suspects may invoke their right to silence at any time during the interrogation. If a suspect invokes his right to silence, officers must stop the interrogation immediately.

Interrogation Legal Standards

The 5th Amendment to the U.S. Constitution and Article 12 of the Massachusetts Declaration of Rights protect against self- incrimination during interrogations. The right against self- incrimination applies whenever police subject an individual to custodial interrogation.

Commonwealth v. Molina

The defendant was "in custody" when the officer stood over him, raised his voice, peppered the defendant with rapid questions, and repeatedly asserted that defendant was lying, even though the defendant was released after questioning.

Miranda Warnings

To ensure admissibility of any incriminating statement made by suspects, Miranda warnings must be administered in all cases where there is custody AND interrogations.

Coercion

Using physical force, making threats, conducting unreasonably long interviews or engaging in inappropriate psychological manipulation.

Miranda Analysis

Was the statement obtained during a custodial interrogation? If yes, was the suspect advised of his rights and were the rights waived knowingly, intelligently, and voluntarily? (1) custody (2) interrogation Both must be present before an individual has a right to Miranda warnings.

Plan the Interrogation

Well-defined interrogation goals increase the probability of success because the interrogation will proceed with direction and purpose. To identify interrogation goals, officers must plan their approach beforehand.

Due Process Analysis

Were all statements made born out of the suspect's own free will?

Rapport building best practices (#6)

When appropriate, identify and emphasize shared interests, likes or dislikes.

Active listening

a combination of body language, questioning and summarizing to show interest.

EXAMPLE: During an interrogation, officers promise defendant that he will get a lesser sentence if he provides info about his role in the crime. If defendant validly waives his Miranda rights and confesses,

a court could suppress the confession on grounds that the statement, although given after a Miranda waiver, was coerced by officer's promise of leniency.

Use the following best practices when interviewing victims of person crimes (e.g., assaults, robbery, etc.):

a) Address victim's medical care and need for safety first. B) Use P.R.I.D.E.S. interview method. C) Be patient and do not rush. D) Avoid or limit sharing information provided by other sources (e.g., witnesses, suspects) with victim. E) Ask victim to write down details when remembered. F) Provide victims with social service, emergency or other person crime referral information. G) Be responsive and keep victim informed.

Use the following best practices when interviewing victims of property crimes (e.g., larceny, breaking & entering, etc.):

a) Address victim's need for physical and emotional safety first. b) Use P.R.I.D.E.S. interview method. c) Ask victim to forward property details immediately when discovered or obtained. d) Provide victims with social service or other property crime referral information. E) Be responsive and keep victim informed.

Common purposes for scheduled interviews include the following:

a) Ask follow-up questions b) Verify accuracy of information c) Build positive relationships with citizens d) Determine a person's involvement or knowledge of a crime e) Obtain better understanding of a problem and develop solutions (e.g., vandalism, domestic violence victim, etc.)

When an interpreter is not immediately available, use the following communication strategies:

a) Be patient. b) Smile when appropriate. c) Speak slowly and clearly. d) Do not increase voice volume. e) Be concise ("Yes" and "No"). f) Use words with 1-2 syllables and short sentences. g) Do not use slang English or jargon. h) Do not use conjunctions (e.g., don't, can't, etc.). i) Avoid using filler words (e.g., like, yea, um, uh, etc.). j) When asked to repeat something, do so verbatim. k) Recognize that other cultures may have different standards for touching, eye contact and personal space.

The following are common victim responses to crime:

a) Fear b) Panic c) Anger d) Silence e) Frustration f) Indecisiveness

Ask for photo identification and use closed-ended questions to obtain the following info:

a) Full name b) Date of birth c) Home address d) Telephone number (best number to reach and time)

Plan the Interview

a) Identify purpose of interview. b) Identify information that needs obtained. c) Develop questions that obtain needed info in advance and bring them to interview. d) When time permits, develop a written action plan (e.g., questions, etc.) and use during interview to stay on track. e) Be prepared to take detailed notes during interview. f) Determine need and value of recording interview.

When an interpreter is used, use the following communication strategies:

a) Instruct interpreters to translate statements verbatim and avoid any communication unrelated to the event at hand. b) Talk in 2-3 sentence increments to allow interpreter time to translate. c) Sit or stand in front of the LEP person and talk directly to them, not the interpreter. d) Do not use the suspect's children or other family members to translate.

Reasons police use interrogations include the following:

a) Learn the truth b) Learn more facts c) Obtain a truthful confession d) Recover evidence or property e) Corroborate investigative theories f) Eliminate or identify other suspects

Best practices to demonstrate active listening

a) Make consistent eye contact throughout the interview. b) Summarize interviewee answers and statements. This demonstrates officer desire to possess accurate and complete information. c) Use non-verbal gestures (e.g., nodding of head, etc.) and verbal prompts to encourage and facilitate interviewee participation. d) Echo probing E) Mirroring F) Silence

To counteract lie bias, officers must:

a) Possess self-awareness to know lie bias exists; and b) Take an open-minded, neutral, fact-based and nonjudgmental approach

To counteract overconfidence bias, officers must:

a) Possess self-awareness to know the trait exists; and b) Focus on identifying accurate indicators instead of faulty indicators

Common purposes for field interviews also include the following:

a) Prevent crime b) Identify a person c) Begin a casual conversation d) Learn information unrelated to a crime e) Build positive relationships with citizens f) Learn information needed to solve a crime g) Determine a person's involvement in a crime when reasonable suspicion exists

The following tasks are part of the Evaluate phase:

a) Review statements and provide interviewee with opportunity to elaborate or clarify. b) Use closed-ended questions to confirm statements and pursue areas identified for follow-up. c) Use open-ended questions when more detail or elaboration is needed. Avoid leading questions. d) Obtain written statements.

The following tasks are part of the Summarize phase:

a) Summarize purpose of interview and next steps, if any. B) Leave interviewee with open invitation to re-contact. c) Give interviewee the "last word" by asking them if they have any final questions. d) End interview with a sincere "thank you." e) Complete and submit official report detailing interview.

Best practices to demonstrate neutrality

a) Treat people of all races, ages, cultures and beliefs equally. b) Be patient, listen and give all sides equal time and opportunity to communicate their position. c) Recognize and manage biases in self and interviewee. d) Avoid leading questions E) Do not use dominant techniques.

Scheduled interview best practices

a) Use P.R.I.D.E.S. b) Separate and prioritize c) Location D) Prepare e) Report the scheduled interview

Field interview best practices

a) Use P.R.I.D.E.S. B) Separate and prioritize C) Location D) Use time efficiently E) Report the field interview

Best practices when asking questions

a) Use open and closed-ended questions strategically. B) Question spacing

The following tasks are part of the Develop Information phase:

a) Use open-ended questions to gather initial facts. b) Allow interviewee to answer without interrupting. Identify areas that need follow-up and use notes to develop more questions. Ask follow-up questions after initial question is fully answered or at end of interview. c) Use gesturing, mirroring, echo probing, silence and other active listening techniques to encourage interviewee communication. d) Watch interviewee behavior and listen to word choices. (Be self-aware and flex communication style to personality of interviewee) e) Take detailed notes on interviewee answers and relevant behaviors.

P.R.I.N.C.I.P.L.E.S. Is the:

acronym to describe best practices for custodial interrogations.

Officers who treat others with respect are

also more effective at building rapport.

During sit-down interviews, officer and interviewee chairs should

be offset and not positioned for face-to- face communication.

Neutrality

being fair, impartial and not helping either side in a conflict or disagreement.

P.R.I.D.E.S. is also the acronym to describe

best practices for non-custodial field and scheduled interviews.

Effective communication during interviews helps officers

build relationships with citizens, generate investigative leads and solve crimes.

Officers who actively listen during interviews are more effective at

building rapport, demonstrating respect and gathering information.

True statements are more ...

detailed and scattered throughout a stream of consciousness.

Critical Times

i) Interrogation start and end time ii) Time Miranda warnings were issued iii) Time formal questioning began iv) Time(s) contradictions or false statements were made v) Time suspect invoked right to silence or counsel vi) All break time(s) vii) Time(s) people left and re-entered room

"Scrupulously honoring" a suspect's invocation of his right to silence includes the following:

i) Officers stopped interrogating immediately after suspect invoked right to silence ii) Officers did not pressure or coax suspect into changing his mind iii) Officers waited a significant period of time before re-approaching iv) Officers did not pressure suspect into talking upon re-approaching v) Officers did not interrogate again until suspect waived his Miranda rights

A statement may be irrational - and therefore inadmissible - where it is born primarily out of:

i) mental illness ii) alcohol or drug intoxication iii) injury iv) distraught mental state

Effective rapport building begins

immediately and continues throughout the interview

Moving into a face-to-face position

increases stress and should be done when appropriate with purpose.

Overconfidence

individual officer confidence in their deception detection skills does not translate into detecting deception with accuracy.

Under M.G.L. 276 §33A, people taken into custody must be

informed of their right to use, and be allowed to use a telephone to call family, arrange for bail, or contact an attorney within 1 hour of arrival at police or detention facility.

If an interviewee has difficulty remembering or cannot answer a question,

officers can ask the question again later in the interview. Ex. officers can say "We can come back to that later" and make a note of it.

Victims, witnesses and suspects provide more information to

officers who build rapport during interviews and interrogations.

Statement-evidence inconsistencies are...

one of the strongest indicators of deception

The public safety exception is most applicable in circumstances where there is

reasonable danger to the public, officers, victims, and suspects, including questions pertaining to the location of a gun.

Intelligent

the suspect in custody must be able to understand their 5th Amendment rights and consequences associated with waiving those rights. factors include the suspect's age, education, and emotional stability.

Knowing

the suspect was properly informed of and sufficiently aware of their Miranda rights. Miranda warnings must be administered in a language and manner the suspect can understand.

Cognitive load

the total amount of mental effort being used by a person in his working memory.

Feeling "free to leave" is determined by

what the person can reasonably believe, not what the officer believes.

Interrogation Purpose

when police formally question an in-custody suspect about their involvement in a crime.

Verbal prompts to encourage and facilitate interviewee participation EXAMPLE

• "I see." • "Okay." • "Go on."

Miranda back to rapport building

• "Ok. Now we can move along and finish up." • "Thank you for making that easy. Are you ready to answer some questions?"

A suspect is likely to be in custody if any of the following occur:

• police tell a person he "cannot leave." • police tell a person he is "under arrest." • police handcuff and transport person to another location • police tell a person to sit down, then stand or hover over person

The admissibility of a defendant's statement can be analyzed in two ways:

▪ Miranda Analysis ▪ Due Process Analysis

(2) Summarize next steps and expectations for suspect

● "We are finished for today, but I may need to talk with you again later." ● "Our next step is to file criminal charges. I promise to personally serve the warrant."