Interview & Interrogation Techniques

• Lander County Sheriff’s Office is running a Techniques of Interviewing and Interrogation training program
• The course is designed for Lander County Sheriff’s Office Deputy Trainees
• The course is 8 hours long and the method of instruction is lecture-based
• NAC Reference numbers are 289.140, 150, 160 AND 170
• The instructional aids include lectures, handouts, and PowerPoints
• Revision date is 02/14/2025
• The instruction aims to develop the ability to obtain complete and accurate information through interview and interrogation techniques
• Upon completion, students should be able to pass a written exam with a score of 80% or higher
• Students will paraphrase the difference between interviews and interrogations
• Trainees will identify procedures for interviewing witnesses, victims and suspects, including minors
• The students will be able to describe credibility and reliability factors for witnesses, victims, and suspects
• Students will discuss background information that should be obtained from witnesses and victims
• Trainees will understand locations best suited for interviews

Interview vs Interrogation

• Investigative interviewing is an essential process for patrol officers to get information from people
• An interview is a conversation to elicit information, typically non-accusatory
• During an investigation, interviews should be conducted with available witnesses and potential suspects
• Open-ended questions should be used to help extract as much information as possible
• Interview subjects should do most (75%) of the talking
• In interviews subjects should generally not be confronted, unless during a follow-up interview or after transitioning into an interrogation
• An interrogation is questioning suspects regarding their involvement in an activity that gave rise to the investigation
• Interrogations involve accusing the suspect
• Interrogations are scheduled after evidence has been considered, but can also be transitioned into from interviews based on the suspect's behavior
• One cannot revert from interrogation back to the interview process
• During interrogation, the investigator does most of the talking
• The questions will be more direct and less open-ended
• The term "interrogation" has a negative connotation but dropping the term is not appropriate
• Investigators need to have a clear goal in mind and not let euphemisms alter their approach if interrogation is intended

Legal Considerations

• Law enforcement must relay certain warnings established by the Miranda Rule before any custodial interrogation
• Interrogation is considered custodial when a suspect is in custody or deprived of their freedom
• Subjects must be notified of their Miranda rights and provide a signed waiver before questioning, regardless of whether interrogation of accusatory interview is conducted
• If the suspect exercises their Miranda rights, questioning about the investigation should stop

Interviewing Witnesses, Victims, and Suspects

• There are many different interviewing techniques
• Some agencies use forceful interviewing akin to interrogation, while others build rapport or coax information

Cognitive Interviewing

• Cognitive interviewing focuses on the ability to tell a consistent story
• The investigator may ask the subject to sketch drawings of their account
• Officers can ask to hear the whole story in reverse order, from the end to the beginning
• It is harder for someone to keep lying if the investigating officer increases the number and tempo of mental tasks

Assumptive Questions

• Investigators often use two types of assumptive questions to elicit a verbal confession
• Choice questions require selecting good or bad rationales for behavior
• In a shooting investigation, the officer may ask, "Did you intend to hurt Joe, or just scare him with the gun?"
• Soft accusations imply some level of involvement
• Someone who is accused of theft might be asked, "Mary, when did you first start taking money?"
• The investigator then resumes the choice approach, or asks "yes-no" questions, such as: "Have you taken money since your first day of work?"

PEACE Model of Interviewing

• The PEACE Model was developed in the early 90s as a collaboration between law enforcement and psychologists in England and Wales
• It was conceived as a way to stem the proliferation of false confessions from an accusatory style of interviewing.
• PEACE stands for the following:
• Preparation and Planning
• Engage and Explain
• Account, Clarify and Challenge
• Closure
• Evaluation
• The PEACE model is a non-accusatory information gathering approach that is considered best practice for any type of interviewee victim, witness, or suspect

Interviewing Minors

• Similar interviewing techniques should be employed whether interviewing a minor as a witness or victim
• It is more effective to use open-ended or indirect questions because minors provide more accurate information when they are freely narrating, versus answering direct questions
• Police can question minors without their parents' approval or presence
• There is no requirement that parents consent before a minor is interviewed
• Juvenile interrogation must be voluntary
• If a juvenile requests a parent be present, you must contact the parent and advise them of the request prior to questioning

Use of Deception

• The U.S. Supreme Court has acknowledged that "stealth and strategy" are vital in helping law enforcement
• Deception is constitutionally permissible as long as the investigator doesn't induce a false confession or prompt an innocent person to commit a crime
• Police can obtain incriminating admissions by playing on conclusive proof of guilt that may not exist
• An Oregon court upheld a burglar's confession, even though police falsely claimed to have lifted his fingerprints from the crime scene

Credibility/Reliability of Witness, Victim(s), or Suspect(s)

• Worthiness of belief to entitle a witness to credibility, he must be competent
• Seldom does human testimony acquire the certainty of demonstration, as witnesses/victims and/or suspects can be mistaken or wish to deceive
• Moral certainty arises from analogy
• Credibility comes from the presumption that the witnesses/victim have good sense and intelligence
• They are presumed to not be mistaken or deceived, have probity, and do not wish to deceive
• To gain credibility, it must be assured that the witness/victim/suspect has not been mistaken nor deceived
• To be assured, you should look at the nature and quality of the facts proved, the quality and person of the witness, the testimony itself, and compare it with the depositions of other witnesses on the incident, and with known facts
• Secondly, it must be evident the witness does not wish to deceive
• A credible witness is one who is competent to give evidence and is worthy of belief
• Determine if the witness is capable of knowing thoroughly about which he testifies
• Was witness actually present at the incident?
• Did the witness pay sufficient attention to qualify himself as a reporter of it?
• Does the witness honestly relate the affair fully as he knows it, without any purpose or desire to deceive, suppress, or add to the truth?
• The rules for analyzing witness credibility are the same in civil and criminal cases
• A trial court has the discretion to give instructions on witness credibility and to give instructions regarding the interest of witnesses in the result of a trial
• A witness’s interest and their relation or feeling toward a party are relevant in determining witness credibility
• Civil courts permit a jury to analyze the interest of a witness in the result of a trial to find out a witness’s relation towards a party to a suit

Establishing Witness Credibility

• It's the duty of a party who calls a witness to establish witness credibility through extrinsic evidence introduction and direct or redirect examination
• For the purpose of impairing or supporting witness credibility, any party can examine the witness and introduce extrinsic evidence relevant to the issue of credibility
• The question of witness credibility regarding an expert witness is a question to be determined by a jury
• A jury is at liberty to disregard the testimony when from no reasonable point it is open to doubt

Factors that Help a Jury Determine Witness Credibility

• Appearance, manner, and behavior of a witness while giving testimony
• Apparent frankness and intelligence of a witness
• Capability of consecutive narration of acts and events by a witness
• Probability of a story related to a case
• Advantages gained by a witness in obtaining accurate information on a subject
• Accuracy or retentiveness of witness’s memory along with effect of lapse of time on memory
• Intonation of witness’s voice and positivity or uncertainty in testifying
• Witness credibility can be questioned if a witness/victim/suspect has made prior statements that are inconsistent with their trial testimony
• It is the jury who decides upon whether a prior statement is materially inconsistent with testimony
• An exception to this general rule is that where the testimony of a witness is clear, plain, complete, convincing, and not incredible in light of general knowledge and common experience, the question of credibility will be presented to a court and not for a jury

Background Information

• Obtaining background information of witnesses and victims is very important for officers
• Background information includes:
• General information of all witnesses and victims
• Name and any aliases the person may use
• Addresses for both home and work
• Phone numbers for home, work and cell
• Involvement in/with the incident
• Location at the time of the incident
• Description of participants
• Description of other factors or barriers
• lighting, weather, views, vision, language

Interview Locations

• Interviewing people is a big part of a policeman's job
• Investigation requires interviewing witnesses, victims, and suspects, and law enforcement has developed techniques to extract information/verify statements
• Interview at a crime scene or accident scene by removing the subject from the presence of others and turning them away from the scene or use e.g. a unit, ambulance, or adjacent building
• If interviewing a suspect at a crime scene or accident scene, ensure avenues of escape are blocked
• When interviewing at a hospital, use a family room or unoccupied room, or during a break in treatment

Interview Room Setup

• A friendly witness/victim room should be casual, uncluttered, and at a place of convenience or the front seat of a car if done on scene
• A hostile witness/victim or suspect room should be sparsely furnished with no table or desk, or a desk can be used for authoritarian atmosphere
• You can use a neutral site or government office
• The back seat of a patrol car can also be used