Note Taking and Statements

Note Taking

• Note taking involves writing down details about incidents, events, activities, or statements
• Accurate notes aid in remembering facts, completing reports, and preparing for depositions or trials

Note Content

• Notes should address the questions of Where, When, Who, What, How, and Why

Significance of "When"

• "When" documents the date and time of an incident
• It's legally important for statutes of limitations and the right to a speedy trial

Interviews

• An interview is a conversation with someone who has info about an event/person, not an arrest, and the person can leave
• Interviews result in getting statements

Statement

• A statement is a permanent record (oral or written) explaining an incident
• Statements taken from witnesses, suspects, victims, or anyone with crime information

Oaths

• An oath is a solemn promise, often invoking God, to tell the truth

Affirmation

• An affirmation is a solemn declaration used instead of an oath, usually to avoid religious implications

Interview Safety and Preparation

• Secure the scene prior to interviews and consider your safety, as interviewees may have weapons
• Pre-interview planning includes deciding whom to interview and the interview purpose
• Determine the location and order of interviews when interviewing multiple people
• Consider necessary information and recording methods during interview planning

Interview Order

• Interview the complainant or victim first, then witnesses
• Typically, the suspect is the last person interviewed

Question Preparation

• After identifying involved individuals, prepare open-ended questions to gather as much detail as possible

Interview Environment

• The interview location impacts success; isolate individuals when possible
• Isolation creates privacy, and respectful treatment builds rapport and trust

Interview Stages

• Planned interviews have warm-up, primary, and closing stages
• The warm-up stage is for building rapport and understanding
• The primary stage is for gathering incident information

What NOT to do during interviews

• Do not make threats or promises of leniency
• Do not create physical evidence for use during an interview

Interview Techniques

• Three interview strategies include mirroring, minimal encouragers, and cognitive interviewing
• Mirroring involves matching speech patterns, gestures, body language, or posture
• Minimal encouragers are brief statements showing you heard the interviewee and want more details
• Examples of minimal encouragers include "Okay," "Go on," "Then what," and "Tell me more about that"
• Cognitive interviewing aims to recreate the event physically or psychologically to enhance memory

Trauma-Informed Interviewing

• A trauma-informed approach requires a reassuring, empathetic, and non-judgmental demeanor

Observing Interviewees

• Gathering incident information involves observing behavior, not just recording facts

Signs of Deception

• Signs of nervousness, stress, and deception include physiological and behavioral indicators

Physiological signs of deception

• Increased perspiration
• Observable change in breathing rate

Sworn Statements

• Sworn statements provide written or oral facts under oath, with penalty of perjury

Affirmation Instead of Oath

• Individuals can object to oaths on religious/philosophical grounds
• Florida law allows affirmation in place of an oath

Recording Interviews

• Written/audio/video statements should be made under oath/affirmation
• Keep all interview recordings as evidence, and know agency/state attorney policies for using recordings

Interrogation

• Interrogation involves law enforcement questioning directly/indirectly intended to elicit incriminating responses

Miranda Rights

• Before Miranda, the law assumed people knew their constitutional rights
• Miranda established that officers must advise suspects in custody of their constitutional rights
• Rights include remaining silent and having an attorney during law enforcement questioning

Custody

• Custody means a person is significantly deprived of freedom
• Handcuffing or movement restriction is considered custody

Determining Custody

• Miranda warnings are required if a person believes they cannot end questioning and leave

Custodial Interview

• Many Florida agencies call suspect interrogation a "custodial interview"

Miranda Waiver

• Suspects must waive Miranda rights before custodial questioning
• Waivers confirm the suspect understands rights and will speak
• A written waiver is preferred, but not essential

Miranda Requirements

• Miranda warnings are required only with custody and interrogation present
• Read Miranda rights individually from an agency-provided card or form

Interviewing Minors

• There is a limit to the number of times you can interview a child
• Know agency and local court requirements

Report

• A report is a written document providing information about an event, situation, occurrence, or incident
• Agencies may refer to reports as offense or incident reports

Well-Written Reports

• Reduces legal liability

Grammar

• Grammar involves language rules and guidelines

Noun

• Names persons, places, things, actions, qualities, belief

Example of a Noun

• The subject fled from the officers

Pronoun

• Acts as a substitute for a noun

Example of a Pronoun

• They stopped the car

Verb

• Expresses actions or states of being

Verb Examples

• The officer ran after the subject
• The subject was fast

Adverb

• Describes, identifies, or quantifies a verb, adjective, or other adverb

Adverb Examples

• The subject ran quickly
• He became extremely exhausted

Adjective

• Describes a noun or a pronoun

Adjective Examples

• The heavyset man was the subject
• The short woman was also running

Preposition

• Links words/phrases, provides temporal/spatial/logical relationships

Preposition Example

• The subject jumped out if the car, went over the retaining wall, and ran into the store

Conjunction

• Connects words/clauses with other words/clauses

Conjunction Examples

• Officer Russ and I approached the car
• I covered the car while he contacted the subject

Sentence

• A group of words has a subject, a verb, and an object, and that expresses a complete thought

Sentence Structure

• The subject performs an action

Example of Sentence Structure

• John hit Monica (Subject verb object)

Sentence Fragment

• A group of words lacks a subject, verb, or object

Avoiding Fragments

• Avoid fragments, so it's clear who witnessed the robbery

Point of View in Reports

• Write reports in first or third person, based on agency policies

The writing voices

• Most reports are in the first person
• Third person examples include: "The officer saw," "The officer spoke," and "The officer arrived"

Active not Passive Voice

• The writing voice in the report must be in active, rather than passive voice
• "Ann struck John with a frying pan" is an example of active voice

Word Order

• In passive voice, the object and subject switch places
• "John was struck with a frying pan by Ann" is an example of passive voice

Tense Usage

• Most law enforcement reports are written in the past tense because events have already occurred

Correct Spelling

• Spelling is critical
• Spellcheck may not recognize incorrect word usage

Capitalization

• Capitalize holidays, days, and months
• "Independence Day is in Saturday July" is an example of capitalization

Punctuation

• Improper punctuation is confusing
• The comma is often misused

Comma Usage

• Use commas to separate items in a series
• Use commas to separate nonessential information
• "The fingerprints, which I found on the window, belong to the victim" is an example of proper comma usag
• Use commas to separate two or more adjectives
• Use commas in dates and addresses: "The first robbery occurred on Jan, 12, 2018, at 345 Monroe Street, Tallahassee, Florida."

Organizing Reports

• Order events chronologically by date/time
• Organize information by witnesses, victims, suspects, weapons, and crime elements

Narrative Reports

• A narrative report describes incidents/events in detail, using complete sentences to detail events

Concise Reports

• Be concise and to the point when writing reports
• Examples: “I saw Charles Baker running north on first street”

Jargon

• Profession-specific vocabulary with meaning limited to those in that field

Slang and Textspeak

• Slang is informal, nonstandard words used by regional or specific groups
• Textspeak is commonly used in text messages/digital communication

Report Submission

• Complete and submit reports by the end of your shift

Report Structure

• A clear narrative report includes an introduction, body, and conclusion and the location of the incident

Report Body and Conclusion

• The body contains a detailed chronological account
• The conclusion explains the situation resolution

Report Evaluation

• Check reports for spelling, grammar, syntax, punctuation, capitalization, vocabulary, and typographical errors

This lesson covers the principles of note-taking, emphasizing accuracy and comprehensiveness by addressing Where, When, Who, What, How, and Why. It also defines interviews, statements, oaths, and affirmations, clarifying their roles in investigations and legal proceedings.