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Three Primary Sources of Information
Reports, records, and databases
People who are not suspects in a crime but who know something about the crime
Suspects in the crime
Confidential Informants
Provide useful information but may require anonymity
Building trust is key
Suspects
Are directly or indirectly connected with a crime and should not be overlooked as sources of information
Ultimate Goal
Determine the truth
Interview
Questioning people who are not suspects but may know something about a situation
Interrogation
Questioning those suspected or direct or indirect involvement
Logical Approach
Reason out why the person won’t cooperate
Explain the consequences of withholding information
Emotional Approach
Addresses negative feelings
Increase or acknowledge these emotions
“Anyone in your situation would respond that way”
Miranda v. Arizona (1966)
Does not apply to voluntary or unsolicited, spontaneous statements, admissions, or confessions
Custodial arrest
Point at which officer has decided a suspect is not free to leave, there has been considerable deprivation of liberty, or the officer has arrested the suspect
Custodial Interrogation
After a person has been taken into custody or otherwise significantly deprives of freedom
Authoritarian Approach (The Reid Technique)
The factual analysis phase
The behavior analysis interview
The interrogation
Emotional Approach (The PEACE Model)
Preparation and Planning
Engage and explain
Account clarification and challenge
closer and evaluation
Admission
A statement containing some information concerning the elements of a crime but falling short of a full confession
Adoptive Admission
Occurs when someone else makes a statement in a person’s presence and under circumstances where it would be logical to expect the person to make a denial if the statement falsely implicated them, but the person does not deny the allegations
Beachheading
An unconstitutional interrogation technique where an officer questions a custodial suspect without giving the Miranda warnings and obtains incriminating statements; the officer then gives the warning, gets a wavier, and repeats the interrogation to obtain the same statement
Closed-ended Question
One that requires only a “yes” or “no,” or other short, simple answer and should be avoided during interviews
Cognitive Interview
An approach that uses simple mnemonic techniques aimed at encourages focused retrueval of memories with minimal loss in accuracy
Complainant
A person who request an investigation or that action be taken
Confession
Information supporting the elements of a crime that is provided and attested to by any person involved in committing the crime
Confidential (reliable) Informant (CRI)
An individual who has previously provided to police information that was corroborated and used
Custodial arrest
Occurs when an officer has decided a suspect is not free to leave, there has been considerable deprivation of the suspect’s liberty, or the officer has arrested the suspect
Custodial Interrogation
Questioning by law enforcement officers after a person has been taken into custody or otherwise deprived of freedom in a significant way
Direct Question
One that is to the point with little chance of misinterpretation
Dying Declaration
A statement that can provide valuable information to investigator and usually qualifies as a hearsay exception, making it admissible as evidence
Field Interview
Questioning that occurs spontaneously at or near the scene
Implicit Bias
Subtle, largely unconscious or semiconscious attitudes that influence a person’s behavior, judgements, and decisions
In Custody
That point at which an officer has decided a suspect is not free to leave, there has been considerable deprivation of the suspect’s liberty, or the officer has arrested the suspect
Indirect Question
One that skirts the issue
Informant
Ant individual who can provide information related to a case but who is not a complainant, witness, victim, or suspect
Information Age
The time period driven by knowledge and information rather than by agriculture or industry
Leading Question
One that prompts or leads a person to a specific response and often implies an answer
Microaggression
A subtle condescending, hostile, or derogatory comment or action that, while not blatantly racist, conveys a negative message to a person that they are viewed as “less than” others
Open-ended Question
One that gives the victim, witness, or suspect the opportunity to provide a much fuller response
Rapport
An understanding between individuals created by genuine interest and concern
Sources of information file
A reference that contains the name and location of persons, organizations, and records that can assist in a criminal investigation
Testimonial Hearsey
Prior testimony or statements made as a result of police interrogation
Third degree
The use of physical force, threats of force, or other physical, mental, or psychological abuse to induce a suspect to confess
Wavier
A giving up of certain right
Field Identification
On-the-scene identification of a suspect by a victim of or witness to a crime. Must be within a short time after the crime was committed 15-20 minutes
Booking Photos
Can be used, but time consuming
Composite drawings and sketches
Face/body, but can also include vehicles, unusual marks or symbols, tattoos, or clothing
Modus Operandi (MO)
A series of crimes often creates a recognizable pattern
Psychological or Criminal Profiling
Attempts to identify an individual’s mental, emotional, and psychological characteristics
Racial Profiling
Occurs when an officer focuses primarily on race, ethnicity, national origin, or religious appearance, to the exclusion of legitimate factors to decide which people are suspicious enough to warrant police stops, questioning, frisks, and searches
Field views
Involve an investigator accompanying a witness to a site to observe people in hopes of seeing the suspect
Photographic Identification
Used when a suspect is not in custody
Bugging
An audio surveillance technique that uses a machine to record conversations within a room without the consent of those involved
Close (tight) Surveillance
Staying within a few steps of the subject or keeping the subject in sight
Cover
An assumed identity used while on an undercover assignment
De Facto Arrest
The functional equivalent of an arrest that occurs by illegally bringing someone in for questioning without probable cause
Entrapment
The conception and planning of an offense by an officer to trick someone into committing a crime that they would not normally commit
Excessive Force
More than ordinary force, going above and beyond what is required to control the situation or behavior of an individual, and justified only when exceptional resistance occurs and there is no other way to gain compliance by the subject
Fixed Surveillance
Observing a location from a fixed location; also called plant and stakeout
Force
The amount of effort required by police to compel compliance by an unwilling subject
Geographic Profiling
A technique based on the fat that everyone has a pattern to their lives, particularly in relation to the areas they frequent
Open Surveillance
Moving surveillance in which it does not matter if the surveillant is detected and no extraordinary means are used to remain undetected
Pretextual Traffic stops
The stop of a vehicle when an officer’s intent was not the real reason for the stop
Raid
A planned, organized operation based on the element of surprise to recover stolen property, seize evidence, or arrest a suspect
Reasonable Force
That amount of force a prudent person would use in similar circumstances
Surveillant
A plainclothes investigator assigned to surveillance, to make observations of people or places
Trail
A counter-surveillance technique in which the watcher becomes the watched
Wiretapping
The intercepting and recording of telephone conversations by a ,mechanical device without the consent of either party in the conversation
Sorrells v. United States (1932)
Investigators must avoid entrapment
Scott v. Harris (2007)
“Ramming is viewed as deadly force by the courts
Excited Delirium (EXD)
When a person suddenly dies in police custody, a case of which is characterized by bizarre and aggressive behavior