Crime Scene 6 + 7

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