Unit 1: Basics of Interviewing Lesson 1: Taking Good Notes PDF

4 Unit 1: Basics of Interviewing Lesson 1: Taking Good Notes Lesson Goal At the end of this lesson, you will understand the importance of taking good notes, what to include in your notes, and strategies for taking notes. Think About This You respond to a robbery of a local department store and interview multiple employees. When reviewing your notes later, you realize that you forgot to record some people’s names and misspelled the department store’s name. What issues will you have writing an accurate report? Why Take Notes Note-taking is the process of writing down information concerning an incident, event, activity, or state- ment. Accurate note-taking helps you remember facts, complete a report, and prepare for a deposition or trial. Good notes also provide documentation so that other officers who become involved in the incident can quickly learn the facts and important information about the case. ; LE411.1. Explain the purpose of note-taking when investigating an incident What to Record in Notes When responding to a call, you will need to gather preliminary information from a complainant, witness, victim, or other person of interest. Notes are the details you record about the event, interview, or persons involved. The information you gather in notes may aid in identifying evidence and in conducting future investigations. Your notes should answer the basic questions of “where,” “when,” “who,” “what,” “how,” and “why.” ; LE411.2. Identify the details of an incident and the basic questions your notes should address Where “Where” documents the location of an incident, as well as the location of people and items involved. The “where” is a legal requirement that verifies the jurisdiction. This is generally one of the first pieces of in- formation you will obtain. Note whether you were dispatched to a location or if the call was self-initiated. Document the incident location using as much detail as possible. Example: “The incident occurred on State Road 33, about 3 miles east of Highway 99.” Chapter 4 Interviewing and Report Writing / 123 Describing “where” also includes documenting the location of the evidence. Example: “I saw the knife lying on the kitchen floor, under a chair.” When “When” documents the date and time an incident occurred. The “when” of an incident is a legal require- ment regarding the statute of limitation and the right to a speedy trial. If you cannot establish an exact date, determine a range of dates as closely as possible. Example: Write “between Monday, June 8, and Thursday, June 11, 2021,” instead of “unknown.” Record the time you received the call from dispatch, arrived at the location, and completed the call for service. Capturing these specific dates and times are critical to the investigation and possible prosecution. The “when” should also include documenting key steps of your investigative process, such as obtaining consent, reading Miranda (discussed later in this chapter), locating a suspect, or the beginning and ending times of an interview. Who “Who” lists and describes everyone who may have information about what happened or who was involved in an incident. Describing “who” requires documenting more than a person’s name. Capture information such as name, address, all telephone numbers, age or date of birth, employment information, race, and sex of each person in your notes. You should request some form of photo identification, such as a government- issued ID. Note unique physical attributes, such as scars, body piercings, or tattoos, that might later help identify a person. Include information such as height, weight, type of clothing, hair color and length, and unique mannerisms or speech patterns. You should identify individuals as victims, witnesses, suspects, or other. Typically, officers note a person’s status in the incident with a circled “v,” “w,” or “s” (abbreviated versions of victim, witness, or suspect). Document information seen, heard, and obtained from any person involved in an incident. (Some of the identifying information can be verified through the criminal justice databases that you will learn about in Chapter 5). What “What” describes the information regarding the nature of an incident. As you describe the “what” element of an incident, consider questions such as “what happened?” and “to what?” or “to whom?” Example: “The suspect struck the victim’s windshield with a golf club.” The descriptive information might include specific details on the damage, theft, or loss of particular items. Describe what weapons or items were used in an incident. Note the location, type, and extent when de- scribing injuries to a person. A detailed description of the property should include type, characteristics, serial number, model number, age, marks or inscriptions, and estimated value. Descriptions of vehicles should include: type, make, model, year, style, exterior and interior color, license plate number, vehicle identification number (VIN), and any other identifying marks, such as scratches, dents, customizations, or decals. 124 / Florida Basic Recruit Training Program (LE): Volume 1 How “How” specifies how an incident occurred. This is often closely related to the “what” element. Include what object was used to commit the offense. The “how” should explain the action of an event, as well as how different objects were used. For example, a suspect hit the victim with a closed fist vs. open hand, or used a weapon, such as a tire iron. Another example might be a suspect used white spray paint to vandalize the side of a building with graffiti. Describe in detail how an incident or activity was carried out. Through observation, you can often deter- mine how an incident happened. Since your notes may be presented in court, it is crucial to document your actual observations and not merely your conclusions. Example: In a burglary investigation, you may notice a doorjamb with fresh pry marks, indicating something was used to pry the door lock open. Instead of saying, “The door was pried open,” you could say, “The doorjamb had fresh pry marks, indicating that the door was pried open.” Why “Why” describes the reason for an incident and is sometimes called the motive. It is possible that you will not discover the motive during the initial investigation. Each witness will give you information that is based on their own perspective of the event. Do not jump to conclusions based on the first or most vocal or talk- ative witness. Instead, gather and include in your notes information about possible motives and evidence of intent. Often, the motive forms part of the criminal intent for an offense. What Actions Did You Take? You will need to describe the actions that you have taken during the investigation. Remember to include the case number in your notes. You should document key elements of how you conducted your investiga- tion and obtained information. Example: “Lifted fingerprints from the scene,” “located and arrested the suspect,” “provided the victim with victims’ rights brochures,” and the time you gave the Miranda warning. Strategies for Taking Notes Take notes throughout the process of collecting information. Sometimes, circumstances delay immediate note-taking. The longer you wait to write down what you see or hear, the greater the chances are that you will forget some of the information. Notes taken in the field are intended to help refresh your memory as you complete reports; for this reason, you do not need to write everything word for word, but you should capture key points, facts, and details. Timing While capturing information in a timely manner is important, taking notes while a complainant, witness, victim, or other person of interest is speaking may keep you from hearing some of the statements the per- son makes. As you recall from Chapter 2, a good technique is to listen closely and pause the conversation to ask for clarification and write down details. This method will allow you to hear and accurately record information. As you are taking notes, stay aware of your surroundings and officer safety. Chapter 4 Interviewing and Report Writing / 125 Spelling Correctly spell and accurately record all names, addresses, and other relevant information. Use the spelling on a person’s legal identification if it is available. This will ensure that you have correctly documented their information. If the person does not have identification, ask them to spell or write out their name. You may be able to compare this information to criminal justice databases for accuracy, but be aware that not every individual will be listed in these databases. Sometimes, you may need to ask an interviewee about another person’s name or contact information. If a person is not sure of the spelling of another person’s informa- tion, write the word by sounding it out and try to find the correct spelling later. Inaccurate information may hinder or delay the investigative process. Abbreviations Using abbreviations can increase your note-taking speed, but you should adopt a consistent system for using abbreviations. When you abbreviate the first letters of the words “victim,” “suspect,” or “witness,” circle them to avoid confusion. Abbreviations for race, ethnicity, and gender are usually uppercase and separated by a slash. Examples: W/H/F (White/Hispanic/female) B/M (Black/male) Reviewing Your Notes Reviewing your notes before leaving the scene is imperative. Make sure you have obtained all relevant information from involved parties, since you may not get another chance to speak with them. The accuracy of your report will depend on having good foundational notes. Other note-taking strategies include using sketches and organizing notes with enough space to add new details during follow-up. Your agency may have specific policies for retaining notes. Be familiar with your agency policies before disposing of your notes. ; LE411.3. Describe strategies for taking effective notes 126 / Florida Basic Recruit Training Program (LE): Volume 1 4 Unit 1: Basics of Interviewing Lesson 2: Preparing for the Interview Lesson Goal At the end of this lesson, you will know how to thoroughly prepare for an interview, including the order of interviews and interviewee considerations. Think About This You arrive as backup for a noise complaint situation. The primary officer tells you to go interview a group of young men who are standing in front of their residence. What are your next steps? What Is an Interview? Officers regularly gather information from victims, witnesses, and suspects during investigations. They interview victims and witnesses, sources, or complainants to find out what occurred, who was involved, and other important facts. They then use information to develop probable cause against suspects. An interview is a conversation with a person who has knowledge of an event or individual; it is not an arrest situation, and the person is free to leave. Many interviews result in obtaining statements. A statement is a person’s permanent record, oral or writ- ten, that explains an incident. You will be required to take statements from witnesses, suspects, victims, or anyone who has information about a crime or incident. You will administer an oath or affirmation when a person provides a statement. An oath is a solemn and formal promise, often invoking God as a witness, to tell the truth regarding what one says or intends to do. An affirmation is a solemn and formal declaration in place of an oath, usually taken to avoid the religious implications of an oath. You will learn more about sworn statements later in this chapter. ; LE412.1. Describe the purpose of an interview It is important to secure the scene before conducting interviews. Always remember that your safety is important. There is the possibility that an inter- viewee has a weapon. Preparation Techniques Recall from Chapter 2 that every interaction requires some sort of preparation. The pre-interview process involves planning who to interview and for what purpose. You will also determine where you will conduct the interview. If you plan to interview more than one person, you must also determine in which order to Chapter 4 Interviewing and Report Writing / 127 interview them. While you are planning, consider what information you need to get and how you will re- cord the interview. Planning includes knowing your agency’s interview policies and procedures. These will dictate how you conduct your interview and will help you determine when you should administer an oath or affirmation. If your agency requires specific paperwork, be sure to have these forms prepared before conducting the interview. These may include an oath or affirmation form, or a written statement form. When preparing for an interview, use criminal justice databases to check if the interviewee is a wanted person. You will learn more about the various criminal justice databases available to you and how to use them in Chapter 5. You should also gather and review any background information that is available on the interviewee. Review any existing information that has been documented, such as initial reports, dispatch documents, crime scene notes, sketches, evidence, and supplemental reports. ; LE412.2. Describe how to prepare for an interview Interviewee Considerations An important part of planning the interview, is determining an interviewee’s ability to understand the nature of the interview. Take into consideration the interviewee’s level of education, intellect, experience, culture, language, background, and whether they are an adult or a child. Remember to treat the interview- ee with respect and dignity. This is a unique and stressful situation for the interviewee and your demeanor and treatment of them will influence their view of law enforcement. You may need to plan for accommodations for interviewees with unique circumstances. These may include the use of an interpreter, hearing assistance devices, or a sign language interpreter. Consider allowing the presence of caregivers and service animals. Make sure the interview location is accessible for interviewees who use mobility devices. The environment should be appropriate for interviewees with developmental or medical conditions. Your agency will have a policy that you must follow when interviewing someone who has a developmental or medical condition, such as an autism spectrum disorder. The Florida Statutes require that an interviewee with autism has the right to request that a mental health or other related professional is present at all in- terviews. In addition, the interviewee’s parent or guardian has the right to make this request on behalf of the interviewee. If this request is made, you must make every effort to ensure that a mental health or other related professional is present. ; LE412.3. Determine if any accommodations should be made to the interview process Order of Interviews Part of planning for an interview is determining who to interview and in what order. An interviewee will fall into one or more of six categories: complainant, victim, witness, source, suspect, or other person who may have knowledge about the incident or people involved. Generally, you will interview the complainant or victim first, followed by witnesses. Typically, the suspect is the last person you interview. Another way you can determine the order in which to conduct the interviews is by observing the attitudes of potential witnesses. You may want to interview witnesses who are more likely to cooperate first. If an 128 / Florida Basic Recruit Training Program (LE): Volume 1 interviewee is experiencing trauma from the incident, wait until they are stable before you conduct the interview. Empathize with the interviewee and make them feel as comfortable as possible. ; LE412.4. Determine the order of people to interview based upon the incident Preparing Questions After you have identified the people involved in the incident, prepare your questions. Design open-ended questions to elicit as much information as possible about the incident. Open-ended questions encourage conversation and require the interviewee to think, reflect, and provide their opinions and feelings. These require more than “yes” or “no” answers. The interviewee is likely to answer open-ended questions with more detail. Typically, these start an interview and help you establish rapport with the interviewee. Examples of open-ended questions include: Who: Who were you with? Who was involved? Who do you think did it? What: What happened? What did you see? What were the circumstances? What did they do? When: When did you realize something was happening? When, in terms of date and time, did the incident occur? Where: Where did he throw the knife? Where did the incident occur? Why: Why did you call for help? Why did the incident happen? How: How can I help you? How did the incident happen? By contrast, close-ended questions require a specific response, usually a “yes” or “no.” Use these questions to get specific information. They can also be used as follow-up questions after open-ended questions to clarify details. Examples of close-ended questions include: “What is your full name?” “Did you see the knife?” “Were you injured?” Avoid asking leading questions. Leading questions steer a person’s responses to a specific conclusion. For example, saying, “Your husband hit you, didn’t he?” assigns blame to a specific person. This technique pre- vents you from discovering details about an incident from the interviewee’s perspective. The interviewee may interpret these questions as having a “correct” answer. Instead, it is better to get information by asking questions that are objective and do not pre-judge the situ- ation. For example, “How did you get injured? Who hurt you?” ; LE412.5. Develop specific interview questions to establish elements of the crime Chapter 4 Interviewing and Report Writing / 129 Timing and Location of the Interview Try to conduct interviews immediately or soon after an incident, and when possible, at the scene. This allows you to obtain the most accurate and helpful information. In some situations, you may have to con- duct an interview at a later time, such as when the scene is too hectic, there are too many distractions, or when an interviewee has been injured. In such cases, it may be preferable to conduct the interview at your agency station or a medical facility. If you are unable to speak with a witness at the scene, schedule a post-scene interview with them. The proper time to interview will depend on various factors, including the physical condition and emotional state of the interviewee. It is best to conduct interviews in person. The location of the interview is an important factor in successful interviewing. Whenever possible, inter- view each person in isolation. When you isolate the interviewee, it creates a sense of privacy. This, along with treating them respectfully, will help you build rapport and gain the interviewee’s trust. Whatever location you choose, it should be safe, out of the weather, free from distractions, and away from other witnesses, victims, and suspects. As the interviewer, you are responsible for creating an atmosphere that will encourage the interviewee to be honest and straightforward. Holding the interview in a place where the interviewee feels comfortable and safe—both physically and emotionally—improves the chances for an effective interview. An inter- viewee who feels comfortable may be more willing to cooperate. ; LE412.6. Choose an appropriate and safe environment that is suitable for an interview 130 / Florida Basic Recruit Training Program (LE): Volume 1 4 Unit 1: Basics of Interviewing Lesson 3: Conducting the Interview Lesson Goal At the end of this lesson, you will know how to properly conduct an interview, document informa- tion from the interview, and obtain sworn statements. Think About This While interviewing a witness, you notice that they are fidgeting and tapping their foot. What might their behavior indicate? Stages of an Interview A planned interview has three stages: warm-up, primary, and closing. During the warm-up stage, you will establish rapport and build an understanding with the interviewee. You must remain professional and impartial with interviewees. Introduce yourself and make sure that the interviewee is physically and emo- tionally comfortable. Explain the purpose of the interview and why the information is important. Using procedural justice when interviewing someone can make them more likely to cooperate. During the primary stage, you will get information about the incident from the interviewee. Ask different types of questions, depending on the information you are seeking. Begin with a variety of open-ended questions to collect as much information as possible. If you want specific answers, need clarification, or want to help the interviewee refocus, ask closed-ended questions, such as, “Do you know where the sus- pect lives?” and “Were you in the room when the fight started?” During the closing stage, you will conclude the interview. Summarize and review all of the information you collected for the report before the interviewee leaves. Ask any follow-up questions as needed. Verify their contact information in case additional questions come up later. Tell the interviewee that you appreciate their time and cooperation. ; LE413.1. Describe the three stages of an interview Interview Limitations When you interview someone, document how the process is conducted and how the person consents to the interview. You have a lot of discretion when you conduct an interview, but there are some tactics that must be avoided. Chapter 4 Interviewing and Report Writing / 131 Do not do the following: make threats promise leniency create physical evidence for use during an interview Using these tactics during an interview may cause admissions, confessions, and evidence to be suppressed. It also may result in disciplinary action and civil liability for you and your agency. As you recall from Chap- ter 1, there is often a power imbalance between law enforcement officers and the general public. You must be aware of the power that you hold when you are in uniform and how it can intimidate and affect your interactions with people. ; LE413.2. Identify inappropriate tactics to avoid when conducting an interview Basic Interview Techniques Three strategies to use during an interview include mirroring, minimal encouragers, and cognitive inter- viewing. Mirroring is appropriately matching another person’s speech patterns, gestures, body language, manner- isms, or posture. Position yourself so that your posture lets the interviewee know that you are actively listening to them. While you should be mindful of officer safety, turn your head and torso toward the in- terviewee and focus on them. Avoid indications that you are not paying full attention to the person, such as checking your watch or phone. Repeat what the interviewee says and rephrase their responses as ques- tions and statements. This will help clarify information or gather more details. Example: Interviewee says, “I was just standing there, and Jim came up and hit me as hard as he could. I hadn’t done anything to him!” You could respond with, “So, if I understand you correctly, you’re saying that Jim hit you and it was unprovoked?” Minimal encouragers are brief statements that indicate that you heard what the interviewee said and want to hear more. This can include non-verbal encouragers, such as nodding your head. Examples of verbal encouragers include “Okay,” “Go on,” “Then what?” and “Tell me more about that.” Be patient and careful not to fill in gaps for an interviewee that might suggest a conclusion. Cognitive interviewing tries to recreate the event, either physically or psychologically, to enhance memory recall. Cognitive interviewing helps develop a more accurate account of eyewitness events. It is effective with victims of crimes, and best applied in a private location. Start by asking the interviewee to think back to the original event, then ask them to recall the physical surroundings (time of day, workspace, and so on) and describe how they felt at the time (for example, rushed or bored). Use questions related to the five senses to help prompt memories. Be sensitive to language barriers and allow the interviewee enough time to answer questions. Keep in mind that you may have to repeat and explain questions. 132 / Florida Basic Recruit Training Program (LE): Volume 1 You can encounter difficult interviewees. Strategies for handling these situations include keeping your composure, asking direct questions, and trying to reduce the interviewee’s stress and anxiety. If an inter- viewee goes off-topic, use close-ended questions to get them back on task. If the interviewee answered all of the questions pertaining to who, what, when, where, why, and how, you should have valuable results. If you did not receive answers to these questions, ask the interviewee follow-up questions. If you realize information is missing after the interview has concluded, plan a follow- up interview to obtain more information. ; LE413.3. Describe basic interview strategies and evaluating outcomes Interviewing Victims All victims may experience some degree of trauma after a crime has been committed against them. A trauma-informed approach to interviewing includes maintaining a demeanor that is reassuring, empa- thetic, and non-judgmental. A traumatic event can distort the victim’s perception of time and distance. Initially, the victim may not be able to answer certain questions accurately or in great detail. Offer compassion and be patient with the victim. This may not be the first time that the victim has expe- rienced trauma. Focus on the victim, talk to them directly, and ask them questions to establish rapport. Reassure the victim that you are there to help and to collect facts for an investigation. A trauma-informed approach can be helpful with any victim, but it is highly recommended for victims of sexual offenses. This approach should be used in conjunction with a culturally sensitive response as de- scribed in Chapter 2. ; LE413.4. Describe how to interview a victim of sexual battery using a trauma-informed approach Interviewee Behavior and Response Gathering information about an incident or call to service is not just recording facts. You should also ob- serve the behavior of the people you interview. As you learned in Chapter 2, people have unique verbal and non-verbal behaviors. The amount of eye contact, body language, and personal space vary from person to person. Do not stereotype or judge the interviewee’s behavior based on your preconceptions. Be open- minded and relate to the interviewee as an individual. At the outset of an interview ask biographical questions that will not produce stress or a deceptive re- sponse, such as the interviewee’s name, date of birth, address, place of employment, and recent activities. Pay attention to verbal and non-verbal responses, including the interviewee’s body language, tone of voice, and demeanor. This will help you establish how they usually behave and physiologically function. Remem- ber that an interviewee may have had previous interactions with law enforcement that affect how they respond to you. Do not take this personally. Once you understand the interviewee’s behavioral patterns, start asking questions about the incident. ; LE413.5. Describe how to respond to interviewee behaviors Sometimes a person that self-identifies as a witness becomes a suspect. For this reason, be aware of be- havior that might indicate the person is not being truthful. Recognizing deception is a valuable skill. You will develop this skill over time with practice and experience. Observe the interviewee’s physiological and behavioral changes as they respond to specific questions. Chapter 4 Interviewing and Report Writing / 133 Example: While asking the interviewee questions about their address and employment, they seem to be calm. However, when you begin asking them about the burglary that occurred the night before, they start tapping their foot, sweating, and repeating simple questions before answering them. The interviewee’s physiological and behavioral changes are possible indicators they are hiding information or being deceptive. You will most likely see this when the interviewee responds to specific questions or statements. Certain body movements and facial expressions are indicators of deception. However, these reactions may also be due to stress, nervousness, previous experiences, or medical conditions. Some signs of nervousness, stress, and possible deception may include: Physiological increased perspiration changes in skin color dry mouth observable increase in pulse rate observable change in breathing rate Behavioral pausing or silence; speaking rapidly; changing tone of voice or volume of speech foot tapping leg shaking finger tapping pacing not sitting still refusing to look at the interviewer giving answers that appear rehearsed giving verbal responses that are inconsistent with non-verbal responses attempting to change the line of questioning being overly eager to help giving too much or too little clarification responding to questions with questions 134 / Florida Basic Recruit Training Program (LE): Volume 1 looking for an escape route asking for simple questions to be repeated ; LE413.6. Recognize common signs of deception by an interviewee Oaths and Sworn Statements When an interviewee makes a sworn statement, they provide written or oral facts under oath or with a penalty of perjury. Most jurisdictions require interviewees to make sworn statements. In these instances, you must administer an oath or affirmation. When and how to administer an oath will depend on the circumstance and the policies of your agency and local state attorney’s office. These policies can help you determine the preferred procedure, location, materials, equipment, and interpreters you may need for the statement and oath. The Florida Statutes give you the authority to administer oaths while performing your official duties. However, this does not certify you as a notary. A person may object to taking an oath because of a religious or philosophical belief. In these cases, Florida law allows a person to make an affirmation instead of an oath. Before administering an oath or affirmation, explain that it is perjury to give false information in a sworn statement. Instruct the interviewee to raise their right hand while you administer the oath or affirmation and ask the person, “Do you swear or affirm that the statement you are about to give is true and accurate to the best of your knowledge?” The law does not require a person to raise their right hand when giving an oath or affirmation. However, this well-known practice and gesture may impress upon the person the importance of telling the truth. Written statements and audio- or video-recorded statements should be made under oath or affirmation. Put the interviewee at ease and remind them that the information they are providing will be used in the case. Be sure to preserve these statements in accordance with your agency’s policies and procedures. ; LE413.7. Describe how to legally administer an oath and obtain a sworn statement Written Statements Use the information you have developed during your initial contacts to identify everyone who can provide a written statement. Be sure to follow your agency policies regarding when and how to obtain written statements. When you ask an interviewee to provide a written statement, explain the reason for the request and be clear about what information they should include. If an interviewee writes a statement, ask them to print clearly. Have them describe the incident to the best of their recollection. They should describe all property and every event, person, weapon, and vehicle involved in the incident. Read the statement and compare its content with your notes from the interview. If an interviewee says something important during an in- terview but leaves it out of the written statement, ask them to include the missing information. Clarify any information that you cannot read or do not understand. An interviewee who speaks another language may write a statement in their own language. An option is to have an officer who is fluent in that language review the statement. Be familiar with your agency’s policies regarding the use of translators. Chapter 4 Interviewing and Report Writing / 135 If the interviewee does not read or write or has any other limitation, follow your agency’s policies on how to prepare written statements. Some guidelines that you may consider: you may ask questions or have the interviewee relay the information in their own words while you write the statement. Do not paraphrase or summarize the statements from the interviewee. Under certain circumstances, it may be impossible to take a statement. Always document why a person did not provide a statement. For example, a person who is injured and requires immediate medical attention is often unable to give a statement at the scene. If someone refuses to give a statement, indicate this in your notes and written report. You cannot force someone to provide a statement. However, they can be subpoenaed and required to appear in court. ; LE413.8. Describe how to obtain a written sworn statement Signing Statements When an interviewee submits a written statement, you will need to read it to verify that it is complete and legible before they sign the document. If you prepare the statement on the interviewee’s behalf, read the statement back to the interviewee, make any necessary corrections, and ask the interviewee to sign and date the statement or make a thumb mark. Interviewees sign statements to prove the words are theirs. Also, a witnessing officer should sign the statement. At the end of the written statement, add the following phrase: “Dictated by __________ and written by Officer _________.” In some situations, an interviewee may be injured, sick, or incapacitated and unable to sign the statement. In such cases, write the reason why the person was unable to sign the statement. If an interviewee refuses to sign their statement, note “refused to sign” at the bottom of the statement. ; LE413.9. Describe how to obtain a signature on a written statement Electronic Statements Audio or video recording an interview offers advantages and disadvantages. An electronic recording can be beneficial, because you can hear the entire interview. One disadvantage is that some words or descriptions may not be clear, which can lead to misunderstanding the information. To prevent this, test the equipment before the interview to make sure that the recording device is working properly. Remember that audio and video recordings may be used in court. Keep all interview recordings as evidence. Be familiar with your agency’s or state attorney’s office policies when using audio or video recordings during an interview. Explain to the interviewee that you are recording the interview. On the recording, state the following: your name the incident to be discussed the names of other people present the case number your location the type of incident the day and date of the interview 136 / Florida Basic Recruit Training Program (LE): Volume 1 Record the administration of the oath or affirmation. Ask the interviewee to raise their right hand and indi- cate whether the interviewee has done so. Administer the oath or affirmation. When conducting a recorded interview, if you have to suspend or pause the interview, document the fol- lowing before resuming: the reason for the suspension or pause that you are continuing the statement recording and include the date and time that you did not ask the interviewee any questions while the recording was suspended or paused Pay attention to what the interviewee says during the statement. If you notice any discrepancies or if you need clarification, ask them to elaborate. At the end of the recording, state the following: “This now concludes the statement of ____, regarding incident _____, case number _____. The time is now ____.” As technology evolves and recording devices, such as in-car and body cameras, become more prevalent, law enforcement uses video recording more often. After completing the interview, document the information collected, including evidentiary forms or log entries. ; LE413.10. Describe how to obtain an electronic statement Chapter 4 Interviewing and Report Writing / 137 4 Unit 1: Basics of Interviewing Lesson 4: Miranda and Laws of Interrogation Lesson Goal At the end of this lesson, you will understand how an interrogation is different from an interview, as well as when to conduct an interrogation versus an interview, when and how to give Miranda warn- ings, how to respond to an invocation of rights, and the standards for questioning juveniles. Think About This Your fellow officer is reading a suspect their Miranda rights. However, the suspect does not speak English. How do you ensure that the suspect understands their Miranda rights? Fundamentals of Interrogation When suspects are identified through an officer’s initial interviews, officers may detain and interrogate them. An interrogation consists of questioning initiated by law enforcement that is directly or indirectly intended to elicit an incriminating response. An interrogation is different from an interview because the person being questioned has been detained and is no longer free to leave. In an interrogation officers must follow certain legal rules to protect the detained suspect’s rights and ensure that their statements are admissible later in court. Conducting interrogations may depend on the agency an officer works for. Keep in mind that interrogations may be reserved for detectives at your agency. ; LE414.1. Identify the difference between an interview and an interrogation Miranda Decision In 1966, the U.S. Supreme Court decided the landmark case of Miranda v. Arizona. The decision affected law enforcement throughout the United States. Until the Miranda case, the law presumed that people knew their constitutional rights. The Miranda decision put the burden of explaining Fifth and Sixth Amend- ment rights on the law enforcement officer. In Miranda, the Court decided that whenever a law enforcement officer questions a suspect in custody, the officer must advise the suspect of certain constitutional rights. These include the right to remain silent and the right to have an attorney present when being questioned by law enforcement. If you fail to follow the rules set forth in Miranda, any statement or admission obtained from the interrogation cannot be used in court. 138 / Florida Basic Recruit Training Program (LE): Volume 1 There are four elements to the Miranda decision: custody, interrogation, understanding, and free and voluntary waiving of rights. The Miranda requirements are necessary whenever a law enforcement officer conducts an interrogation. ; LE414.2. Explain the importance of the Miranda decision for conducting a legal interrogation Custody Custody means a person is deprived of freedom in a significant way. Generally, interviews at the scene— such as Terry stops, traffic stops, and roadside driving-under-the-influence tests—are not considered cus- tody, because they are typically brief in nature. Handcuffing a person or otherwise restricting their move- ment so that they are not free to leave is considered custody. In deciding whether a person is in custody for the purpose of Miranda, courts ask two questions: 1. What were the facts and circumstances surrounding the interrogation? 2. Given those circumstances, would a reasonable person have felt they were not at liberty to end the interrogation and leave? If, from all of the circumstances, it appears that the person is not free to end the questioning and leave, and a reasonable person in that person’s place would believe that they are not free to leave, then the person is in custody, and Miranda warnings are required. In Ramirez v. State, the court ruled that: The determination of whether a reasonable person in the suspect’s position would con- sider himself in custody for purposes of Miranda requires consideration of the manner in which the police summoned the suspect for questioning; the purpose, place, and manner of custodial interrogation; the extent to which the suspect is confronted with evidence of his guilt; whether the suspect is informed that he is free to leave the place of questioning. Note that when there are multiple officers present or emergency lights activated, it can create an environ- ment in which a reasonable person might believe that they are not free to leave. ; LE414.3. Describe the concept of custody in relation to the Miranda decision Interrogation Many agencies in Florida refer to the process of interrogating or questioning a suspect as a “custodial inter- view”; however, Florida courts routinely use the term “interrogation.” During an interrogation officers may use direct or indirect questioning. See Rhode Island v. Innis and Brewer v. Williams. Often, a suspect who is in custody will voluntarily give information even when not solicited through ques- tioning. These are known as spontaneous statements and are admissible even if an officer does not advise the suspect of their Miranda rights. You may allow the suspect to continue talking but you may not ask the suspect any questions without giving Miranda warnings. Basic questions posed to a suspect such as bio- graphical data are not subject to Miranda rules. ; LE414.4. Explain the significant case law rulings on the Miranda decision Chapter 4 Interviewing and Report Writing / 139 Understanding You must ensure that the defendant understands their rights, taking into account their age, national origin, education, circumstances of the advising of rights, mental or physical disability, and whether or not they are under the influence of an intoxicating substance. Document any measures taken to address these is- sues for any future court proceedings. ; LE414.5. Explain the importance of a suspect understanding their rights Waiver of Rights Once you have advised the suspect of their Miranda rights, you are required to provide a waiver before questioning may begin. The waiver ensures that the suspect understands their rights and will speak with you. A written waiver is preferred but not essential. A waiver can be verbal or even implied. The waiver of rights must be freely and voluntarily given. You may not make any promises or coerce the individual to get a confession. Giving Miranda Warnings You are only required to provide a suspect with Miranda warnings when the elements of custody and inter- rogation are present. Once the Miranda warnings are required, you should read the rights one at a time from an agency-provided Miranda card or form. Not only will this guarantee that you do not forget or mix up any of the rights, it can also enhance your courtroom testimony. Defense attorneys can do little with an officer who testifies that they always read Miranda from the card or form. It may also help you avoid liability for failure to follow policy. ; LE414.6. Describe when and how to administer a Miranda warning to a suspect 140 / Florida Basic Recruit Training Program (LE): Volume 1 Miranda Cards Officers usually are issued a Miranda card to use when reading the Miranda rights to a subject. Miranda Warning Acknowledgment of Rights 1. You have the right to remain silent. After the warning and in order to secure a waiver, the following questions should be asked and an 2. Anything you say can and will be used against affirmative reply secured to questions (1) and (3). If you in court. the individual has previously asked for an attorney, no valid waiver may be obtained, unless they 3. You have the right to call or obtain an attorney initiated the conversation. at this time and have one present now or at any time during questioning. 1. Do you understand each of these rights I have explained to you? 4. If you cannot afford an attorney and you want one before or at any time during questioning, 2. Have you previously requested any law one will be provided for you. enforcement officer to allow you to speak to an attorney? 5. If you decide to answer questions now, you have the right to stop answering at any time 3. Having these rights in mind, do you wish to during questioning. talk to us now? Invocation of Rights If the suspect makes a clear and unmistakable request to invoke any of their rights under Miranda, all ques- tioning must cease immediately. Remember that the Miranda warnings include several rights. If the suspect invokes only their right to remain silent, you may reinitiate the interrogation after “a signifi- cant lapse of time,” as stated by the U.S. Supreme Court. On the other hand, if the suspect requests an attorney, you are not allowed more questioning unless the suspect’s attorney is present or the suspect reinitiates communications. However, if a suspect reinitiates contact or conversation with you after having previously invoked their Fifth Amendment rights, an entirely new Miranda rights advisement and waiver must be conducted and documented. Simply reminding the suspect of their previous Miranda advisement is insufficient. See Quarles v. State. If an in-custody suspect, in response to Miranda warnings, invokes their right to counsel, you may reinitiate contact with the suspect if they experience a break in police custody of at least 14 days. You should provide Miranda warnings to the suspect again, depending on the conditions of the interrogation (if in custody, etc.). See Maryland v. Shatzer. The right to have an attorney present contained in the Miranda warnings is crime specific. Therefore, you may not question the suspect about a burglary when the suspect was arrested on completely unrelated charges. ; LE414.7. Describe how to respond when a suspect invokes their Miranda rights Chapter 4 Interviewing and Report Writing / 141 Juvenile Interrogations The standards for questioning a juvenile are the same as for adults. There is no statutory requirement for the parent’s or guardian’s consent before you may interrogate a child; however, the Florida Statutes require that you make a reasonable effort to contact parents or guardians when you take a juvenile into custody. Document exactly what you say to a juvenile to indicate to them whether they are free to leave. The Miranda warning applies to juveniles. A waiver of a juvenile’s Miranda rights will be closely scrutinized by the court. See B.M.B. v. State, Lee v. State, and State v. Roman. Factors that the court will consider in determining if a juvenile understands their rights and the significance of waiving those rights include the juvenile’s age, marital status, education, intellectual level, and experience in the criminal justice system. See J.D.B. v. North Carolina. Juvenile interrogations may only last for a reasonable length of time. If a child is held for any length of time before the interrogation, note the length of the delay and any reasons for the delay. Also document the number of breaks and rest periods given to the child during the interrogation. Keep in mind that there is a limit to the number of times you can interview a child. Make sure you know both your agency and local court requirements. ; LE414.8. Describe the standards for interrogating a juvenile 142 / Florida Basic Recruit Training Program (LE): Volume 1 4 Unit 2: Writing a Report Lesson 1: Reports Lesson Goal At the end of this lesson, you will understand the importance of a well-written report, the potential uses and audience of a report, and what type of incidents require a report. After you respond to an incident, you will prepare a written report. A report is a written document that gives information about an event, situation, occurrence, or incident. Your agency may refer to this type of report as an offense or offense-incident report. Writing reports is one of your critical job functions. You should write clear, concise, and effective reports. A report reflects competence and professionalism, not only in writing skills, but in all aspects of law enforcement work. A well-written report accomplishes the following: aids the state attorney’s office in prosecutions reduces legal liability for you and your agency saves your agency time and expense You may have heard someone say, “If it isn’t in the report, it didn’t happen.” This reinforces the point that it is your responsibility to include every important detail in your reports. A poorly written report could result in a criminal going free or an innocent person going to jail. Write your report so it can withstand the test of time; someone may need to refer to it years after the incident. For this reason, you are required to keep reports long after the case is over. Statutes and agency policies dictate how long reports should be saved. Once submitted, your report becomes a public record and may be used in proceedings as an official repre- sentation of the facts surrounding the incident. ; LE421.1. Explain the importance of submitting a well-written report Reports are commonly used in: appeals in criminal and civil cases internal affairs investigations criminal case filings pretrial proceedings criminal trials probation and parole hearings civil proceedings research/examining past events depositions victim restitution hearings drafts of probable cause affidavits workers’ compensation cases Chapter 4 Interviewing and Report Writing / 143 Reports are also used for: continuing investigations coordinating law enforcement activities evaluating law enforcement officers’ performance keeping other law enforcement officers informed planning future law enforcement services ; LE421.2. List the common uses of law enforcement reports Reader Considerations Before you write a report, consider the potential readers and purpose of each report. The majority of people who will read your reports are not law enforcement officers. The readers will have varying life expe- riences, education levels, cultural backgrounds, and reasons for reading the report. To recognize the signifi- cance of writing a clear and complete report, consider that it may be read by any of the following people: other officers victims or their families supervisors suspects, defendants, or people convicted of crimes defense and prosecuting attorneys members of the public judges insurance companies city, county, or state officials media reporters Each reader will develop an opinion about the writer based solely on the content or makeup of the report. For example, prosecuting attorneys will make crucial decisions about a case based on what they read in the report. On the other hand, defense attorneys will seek to exploit any weaknesses they see in the same report. Both make assumptions about your competence. In addition to considering the audience of the report, it is important to consider its tone. A report is a pro- fessional document and should be businesslike and objective. Report only facts that you learned, not your opinions. Use plain English. ; LE421.3. List the potential readers of law enforcement reports Incidents or Events Requiring Reports You will not write every report the same way. Therefore, think about the situation and the circumstances before you begin writing. For example, a burglary report will have different information and may be in a different format than a report of found property. 144 / Florida Basic Recruit Training Program (LE): Volume 1 Some of the incidents and events when your agency may require you to submit a report include: all crimes officer use of force suicides death found property runaway juveniles missing or endangered persons traffic crashes (under certain circumstances) as required by law miscellaneous noncriminal or suspicious incidents additional or supplemental information A later lesson discusses another type of report, the probable cause affidavit, which was introduced in Chapter 3. ; LE421.4. List common incidents that may require a report Chapter 4 Interviewing and Report Writing / 145 4 Unit 2: Writing a Report Lesson 2: Mechanics Lesson Goal At the end of this lesson, you will be able to apply good vocabulary, appropriate parts of speech, and proper grammar when writing reports. Think About This Your supervising officer returns a recent report to you and says there are numerous grammatical errors. If no one had reviewed the report and it was later used in court, how might the report reflect on your abilities as an officer and your agency? Would it affect the outcome of the case? It is easy to believe that the content is the most important part of a report. However, grammar, punctua- tion, and spelling are just as important as the report’s content. If the content reflects a good investigation but the report has a lot of mechanical errors, the reader will be distracted from the message. In addition, the reader may think you are incompetent and unprofessional. An effective report should be well-written and demonstrate a good command of language. It should be free of errors in sentence structure, grammar, and other writing mechanics. Good Vocabulary Having a good and professional vocabulary is important when writing a report. When you encounter unfa- miliar words and phrases, take the time to find their meanings and proper usage. When you expand your vocabulary, you increase your report writing skills. In addition, you will become more effective at precisely describing things that you are required to document. ; LE422.1. Describe strategies for using effective vocabulary Proper Grammar Grammar involves the rules and guidelines that govern a language’s usage. Be conscious of grammatical rules. When you use correct grammar, your reader is more likely to understand your report. You must rec- ognize the parts of speech and use them properly to write a clear report. 146 / Florida Basic Recruit Training Program (LE): Volume 1 Part of Speech Description Examples names, persons, places, things, actions, The officer stopped the car. noun qualities, beliefs The subject fled from the officers. They stopped the car. pronoun acts as a substitute for a noun He ran from them. The officer ran after the subject. verb expresses actions, states of being The subject was fast. describes, identifies, or quantifies a verb, The subject ran quickly. adverb adjective, or other adverb He became extremely exhausted. The heavyset man was the subject. adjective describes a noun or a pronoun The short woman was also running. links words and phrases and provides The subject jumped out of the car, went preposition temporal, spatial, and logical over the retaining wall, and ran into the relationships store. connects words with other words, Officer Russ and I approached the car. conjunction clauses (parts of sentences) with other I covered the car while he contacted the clauses subject. ; LE422.2. Recognize the importance of using the correct parts of speech Proper Sentence Structure A sentence is a group of words that contains a subject, a verb, and usually an object, and that expresses a complete thought. A singular subject should have a singular verb, and a plural subject should have a plural verb. Example: “Jim and Bob are brothers” is correct, because the subjects, “Jim,” “Bob,” and the verb “are,” are plural. “Jim and Bob is brothers” is incorrect because the verb “is” takes the singular form and does not agree with the subjects “Jim” and “Bob,” which are plural. Understanding the parts that make up a simple sentence will help you write clear sentences. The subject of a sentence tells you what or who performs an action. The verb states the subject’s action, existence, or state of being. The object tells you the person or thing that is affected by or that receives the action of the verb. Not all sentences have objects, but most do. John hit Monica subject verb object Chapter 4 Interviewing and Report Writing / 147 A sentence fragment is a group of words that lacks a subject, verb, or object (when one is needed) or fails to express a complete thought. Avoid fragments such as, “Witnessed a bank robbery in progress while on patrol.” The sentence has no subject, so it is unclear who witnessed the robbery. “The gun on the floor next to the body,” should be, “The gun was lying on the floor next to the body,” or, “I saw the gun lying on the floor next to the body.” ; LE422.3. Describe how to use proper sentence structure when writing a report Point of View, Voice, and Tense Point of View Write reports in the first or third person, depending on your agency’s policies. Most reports are in the first person. First person: “I saw,” “I spoke,” and “I arrived.” Third person: “The officer saw,” “The officer spoke,” and “The officer arrived.” Voice Write your reports in active, rather than passive, voice. In active voice, the subject of the sentence comes before the verb and is clearly stated. Example: “Ann struck John with a frying pan.” In this sentence, Ann is the subject and is placed at beginning of the sentence, immediately before the verb. John receives the action and is therefore the object. When you write in active voice, you tell the reader who or what is performing the action, what the action is, and then what is receiving that action. In passive voice, the object and the subject switch places. Example: “John was struck with a frying pan by Ann.” In this sentence, John is still the object, as he still receives the action. However, the reader does not find out who struck him until the end of the sentence; the reader has to backtrack in thought. Identify and fix passive voice by asking yourself whether a sentence starts with the subject performing the action. If it does not, rewrite the sentence so that the subject comes before the verb. 148 / Florida Basic Recruit Training Program (LE): Volume 1 Tense Most law enforcement reports are written in past tense because the events have already occurred. Make sure you use proper verb tenses. Writing in active voice does not mean you must write in present tense. “Ann struck John with a frying pan” is an example of active voice, past tense, and proper language for re- ports. Make sure that the tense is consistent throughout the report. When you use incorrect grammar and sentence structure, you will damage your credibility. In addition, the report may appear inaccurate and unclear. Correct Spelling and Capitalization Spelling is important; make sure to spell words correctly. If using a computer to write your report, use the spellcheck feature. Remember, however, that spellcheck does not always know whether you used the correct word. Example: “The thief took there money” might not be flagged by spellcheck. Have another person proofread your report to make sure that you use the correct words. If you are unsure of the spelling of a word, consider using a different word. Examples: Instead of “penitentiary,” you can use “prison.” Instead of “contusion,” you can use “bruise.” You can also use a dictionary to check your spelling when writing a report by hand. Whichever method you choose to check your spelling, use it consistently throughout the entire evaluation process of the report. Some agencies may recommend or require you to use all capital letters in a report. When you are not using all capital letters, follow these capitalization rules: 1. Capitalize the names of people, streets, cities, and states. “I spoke with the victim, Greg Alexander, at his house on 999 Monroe Street in Tallahassee, Florida.” 2. Capitalize the names of specific organizations and buildings. “The neighborhood meeting will be held at the library.” (nonspecific) “The Oakbrook Neighborhood Association meeting will be held at the LeRoy Collins Leon County Public Library.” (specific) 3. Capitalize holidays, days, and months. “Independence Day is on Saturday, July 4.” Chapter 4 Interviewing and Report Writing / 149 4. Capitalize geographic locations. “She is from the South.” (specific region or location) “I drove south on the road.” (direction) 5. Capitalize titles of professionals only when names are used. “I stopped the chief’s daughter for speeding.” (chief not named) “I stopped Chief Smith’s daughter for speeding.” (chief named) 6. Capitalize brand names. “Mr. Jones reported that someone stole his Smith & Wesson revolver.” ; LE422.4. Recognize the importance of using correct spelling and capitalization when writing a report Proper Punctuation Using improper punctuation can result in confusing or even misleading reports. The comma is one of the most misused punctuation marks. Do not insert a comma whenever you desire a pause. The following rules are specific to the use of commas: 1. Use a comma to separate two complete sentences joined by a coordinating conjunction. There are seven coordinating conjunctions: for, and, nor, but, or, yet, and so. I met with the victim, and she gave me a statement. (correct) I met with the victim, she gave me a statement. (incorrect) If the two complete sentences are not joined by a coordinating conjunction, use a semicolon or period to separate them. I met with the victim, she gave me a statement. (incorrect) I met with the victim; she gave me a statement. (correct) I met with the victim. She gave me a statement. (correct) 2. Use a comma after an introductory clause. A clause is a group of words with a subject and verb that tells the reader what the sentence is about. Sometimes a clause can stand as an independent sentence, but other times a clause needs more parts of speech to make sense. When the alarm sounded, the burglar ran from the store. (“The burglar ran from the store” can stand alone as a sentence and is therefore an independent clause; “when the alarm sounded” is not an independent clause because it needs more parts of speech to make sense.) 3. Use a comma to separate items in a series of three or more items. The victim said someone stole his digital camera, television, DVD player, radio, and computer. 150 / Florida Basic Recruit Training Program (LE): Volume 1 4. Use a comma to separate nonessential phrases in a sentence. A phrase is a group of words that forms a grammatical unit, though it is not necessarily a complete sentence. A phrase is consid- ered nonessential when you can omit it without changing the meaning of the sentence. The fingerprints, which I found on the window, belong to the victim. 5. Use a comma between two or more adjectives when they separately describe the same noun. The inmate used a small, sharp object to cut his own arm. Do not place a comma between two or more adjectives when the adjective before the noun changes what the noun is. One way you can test this is if you reverse the adjectives, and they do not make sense. He threw the white toaster oven at me. (You wouldn’t say, “He threw the toaster white oven at me.”) 6. Use a comma to introduce a quote. When I arrested her, she said, “I’m going to burn his house down when I get out.” 7. Use commas when writing dates and addresses. The first robbery occurred on Jan. 12, 2018, at 345 Monroe Street, Tallahassee, Florida. 8. Use an apostrophe to show possession or to create a contraction. Possession means that certain objects or qualities belong to a person or thing. An officer’s size and skill are factors to consider in making a decision to use force. 9. A contraction is the result of combining two words. The only time you should use contractions in a report is when you document a direct quote. The suspect said, “I don’t want any trouble.” 10. Try to use a person’s exact words in an incident report. If using a direct quote, place quotation marks around the person’s words. Here is an example of a direct quote: Keith Roberts said, “Go ahead and search.” 11. Do not use quotation marks when paraphrasing or summarizing a person’s statement. Keith Roberts gave me permission to search his car. ; LE422.5. Recognize the importance of using correct punctuation when writing a report Chapter 4 Interviewing and Report Writing / 151 Unit 2: Writing a Report 4 Lesson 3: Elements and Principles of Effective Report Writing Lesson Goal At the end of this lesson, you will know the elements and principles of writing effective reports and probable cause affidavits. Think About This Officer Frey’s report says, “I arrived at the smash and grab and had my fellow officer’s six.” How might this wording affect the use of this report in the future? Review Notes Review your notes and any statements before you write a report to make sure that you have all of the facts. If you are missing certain facts, get them as soon as possible. For example, if a victim’s date of birth is missing, contact the victim to get it. Keep in mind that if you are wearing a body camera, the Florida Statutes allow you to request to review the recorded footage from the body camera before writing a report or providing a statement regarding any event pertaining to your duties. ; LE423.1. Describe how to organize report information Organize Information Organize all the information you have obtained. When you organize or group information, it is easier to efficiently write a report. You can organize information in the following two ways: by order of events: Organize information chronologically, sorting the information by the date and time, from the first event to the last. When you organize notes chronologically, you can easily write a narrative and explain what happened, when, and in what order. by category: Organize information by category, such as witnesses, victims, suspects, weapons used, and crime elements. This type of organization will help you because most report forms group information by type of information. Organizing notes this way before you write the report minimizes the risk 152 / Florida Basic Recruit Training Program (LE): Volume 1 of forgetting a piece of information. This practice is helpful for incidents that involve a lot of wit- nesses or victims. ; LE423.2. Describe two common methods for organizing information before writing a report Elements of an Effective Report Report writing requires much more than filling in the blanks on a preprinted form. The largest and most im- portant part of a report is the narrative. A narrative is a detailed account of an incident and events related to the incident. Normally, narratives are written in complete sentences, detailing a sequence of events. An effective report will have good content and proper formatting. The format is the way information is organized and presented in the report. Your report should present the material aspects of the case and the actions of the subjects, such as, “Who were you with?” “Who was involved?” “Who do you think did it?” and “Who is the victim?” Factuality A report must be factual. Include only the facts of the incident represented by the who, what, where, when, why, and how, and the action taken. Do not include your personal opinions, judgments, hunches, or guesses in a report. Do not alter any information you obtained about an incident. If you do, you will falsify the report, which is a criminal offense. For example, consider this sentence: “The victim appears upset and fears for her safety.” A defense attorney might ask you why the victim was afraid. It is possible that you cannot remember and cannot accurately testify about what happened because you did not document the victim’s statement or action that indicated why she feared for her safety. Therefore, try to get the victim to explain why she fears for her safety and include that in the report. In addition, different people might have different opinions of what “appeared upset” might mean. It would be better to write, “Sandra’s hands were shaking, and she was wiping tears from her face.” This description will help the reader visualize Sandra’s emotional state. People could interpret the following statement in different ways: “Jim became uncooperative and belliger- ent.” Document Jim’s actions without adding personal interpretations of his actions. A better statement may be, “Jim stood in front of me in a fighting stance. When I attempted to handcuff him, he pulled his right arm away and said, ‘I’m not going anywhere!’ ” Include your observations of all witnesses, suspects, victims, and other officers involved in an incident. Re- port all sides of the story. For example, include an explanation given by each witness, even if the explana- tion contradicts information given by another witness. Do not include unnecessary or vague information. Do not include emotional, sarcastic, humorous, or opinionated content. Make sure the report consists only of facts. Chapter 4 Interviewing and Report Writing / 153 Omit unnecessary words and irrelevant material. Remember that a well-written report shows that you are professional and competent. A well-written report can be your greatest strength in court. If you write the report poorly, the defense may try to discredit it. ; LE423.3. Recognize the importance of including only the facts in a report Clarity A report should be clear and allow only one interpretation of each sentence’s meaning. Use plain and straightforward language to ensure that the report is clear. It is sometimes acceptable to omit the race or gender of a person from the narrative. For example, you can omit the race or gender when the informa- tion has already been documented in the victim, suspect, or witness description boxes on the appropriate agency form or log. When you refer to a person for the first time, give their full name. In later references, make sure that you properly identify the individual. Be consistent when you identify a person to prevent confusion. Example: You would first reference this victim by writing “Jane Doe, victim;” thereafter you would refer to her as “victim.” If there are multiple victims, refer to them by their last names or their victim numbers in the report. Example: “Jane Doe, victim 1,” and “Samuel Smith, victim 2.” Follow your agency’s policies for using abbreviations when you refer to victims, witnesses, or suspects in a report. If your agency’s policies do not address them, comply with the requirements of the state attorney’s office. ; LE423.4. Describe how to write a report using clear and plain language Conciseness, Completeness, and Accuracy When you write a report, be concise and to the point. However, do not be so brief that the report is inac- curate, not detailed, or incomplete. Examples: “I observed the suspect fleeing the scene in a northerly direction away from me.” (wordy) “I saw Charles Baker running north on First Street.” (more concise) To ensure accuracy, include all relevant facts and specific details from your notes and any statements in the report. Remember that you have obtained facts through interviews and investigations. Document all statements made by the victim, suspect, and witnesses. Document the exact words in quotation marks, the emotional state of the people involved according to what they say they feel or think, and indicate the approximate time of the incident in the report. 154 / Florida Basic Recruit Training Program (LE): Volume 1 Proper Usage of Standard English Standard English refers to the form of language used when speaking and writing wherever English is spoken and understood. Nonstandard English is casual or regional, may involve slang, and sometimes does not fol- low recognized grammatical rules or spelling. Always prepare reports using Standard English. You can use jargon, slang, and abbreviations when taking notes so long as you know their meanings. How- ever, do not include jargon, slang, textspeak, and abbreviations (except for abbreviations allowed by your agency) in your final report. Jargon is vocabulary used in a profession that has meaning only to the people who work in that particular field or profession. For example, “Signal Zero,” “I got your Six,” and “smash and grab” are terms that are familiar to law enforcement officers but not civilians. Use only acronyms that people can recognize and only if you spell them out the first time you mention them, for example, Smith Memorial Hospital (SMH). Slang consists of informal, nonstandard words often used by regional or specific groups. Do not use slang in a report except when you are quoting a witness. Textspeak comes from text messages and digital communications. It consists of abbreviations, acronyms, or initials. It does not follow standard grammar, spelling, or punctuation rules. You may use textspeak as a convenient tool for taking notes. However, do not use textspeak in a report. If you use texting language in a final report, you will appear unprofessional. In addition, you will give others the impression that the information you conveyed is not important. Always remember that the reports you prepare will become public record. If a witness, victim, or suspect uses jargon, slang, racial slurs, or offensive language, report their exact words using quotation marks. These statements can be valuable to the investigation and point out a per- son’s frame of mind. ; LE423.5. Describe how to use Standard English when writing a report Legibility If you handwrite a report, print clearly and legibly. In some cases, writing in all capital letters is a good solu- tion to poor penmanship, as long as doing so follows your agency’s policies and procedures. Unless your agency specifies otherwise, use a black or dark blue ballpoint pen for clear legibility and the best photo- copying quality possible. A perfectly written report is useless if no one can read it. ; LE423.6. Explain the importance of using legible handwriting Timeliness Complete your report as soon as possible after the incident. Doing so helps you avoid forgetting important details. When you immediately prepare a report, you may be able to recall important facts that you did not record in your notes. After you complete a report, turn it in by the end of your shift, unless your agency’s policies state other- wise. If you submit the report late, you may hinder other operations, impact the investigation, and delay the preparation of a prosecution. Chapter 4 Interviewing and Report Writing / 155 If you need to conduct further investigations, you may have to write a supplemental report. ; LE423.7. Describe the timeline for completing and submitting a report Proper Identification of the Statute and Elements of the Crime When writing a report about a crime, be sure to properly identify the correct name of the crime and the statute violated, and outline the elements of the crime. If you do not provide this information, the entire report may be questioned. You will learn more about documenting the elements of crimes in Chapters 7 and 8. Introduction, Body, and Conclusion To present a clear narrative, a report should contain an introduction, a body, and a conclusion. The introduction of a report usually includes: the date and time of the incident the location of the incident your assignment and arrival time your name the identity of the victim, suspect, or complainant your initial actions The body is the narrative with the detailed chronological account of the incident. This section includes the investigative actions that you took. It should address the elements of the crime. Often, the body of the re- port may contain one, two, or more paragraphs, depending on the complexity of the case and the number of people involved. The conclusion explains how you resolved the situation. It also describes how you handled the information you obtained. It includes any citations you issued or any arrests you made, and it documents appropriate criminal charges. Just because a report typically contains three sections does not mean you should limit the report to one paragraph per section. The content of the narrative should answer the following four key questions: 1. Why were you there? For example:  You were dispatched to a call at the location.  You were flagged down while on patrol.  You saw or thought something occurred while on patrol. 156 / Florida Basic Recruit Training Program (LE): Volume 1 2. What did you observe? For example:  What did you see, hear, smell, or feel?  What were the crime scene conditions?  What did the people at the scene tell you?  Who else responded to the scene? 3. What did you do? For example:  What investigative steps did you take?  What other actions did you perform (such as, CPR, response to resistance)?  Who did you interview?  Who did you notify about the situation?  Did you collect any evidence?  What did you do with any collected evidence? 4. What were the outcomes? For example:  What crimes were committed?  Did you arrest anyone?  What related documents were collected or disseminated?  Were any further actions or referrals required? ; LE423.8. Describe how to compose the three main parts of a report narrative Writing a Probable Cause Affidavit You will recall from Chapter 3 that a probable cause affidavit must be presented in court to justify an arrest. Depending on your agency policies and procedures, you may be required to write probable cause affidavits. Use your agency’s approved form for your jurisdiction. Record the suspect’s personal identification infor- mation in the affidavit. Before writing the affidavit narrative review: witness statements incident or supplemental reports evidence A probable cause affidavit must contain a description of the offense, with sufficient facts to show the prob- able cause of each element of the charged offense. For example, to arrest someone for battery, you must show that the suspect intentionally touched or struck the victim against the victim’s will. It should set out for the judge the facts and circumstances that justify the arrest. Chapter 4 Interviewing and Report Writing / 157 Some jurisdictions may require more information in the narrative, so follow your agency’s policies and procedures. Some of the facts in the affidavit may include: date time place city or county where the offense occurred offense charged correct Florida Statutes section number or county or municipal ordinance reason for the contact or seizure or both any other information necessary to establish probable cause name of victim (Florida law protects the public release of the identification of sexual battery victims) name, address, identifying information, and a description of the accused any statement by the accused name and address of all parties present (including the names of supervisors present) if and why a search occurred The officer who made the arrest should review the narrative to make sure it is complete and accurate. Cor- rect any grammatical or typographical errors before swearing to the truthfulness of the affidavit, and then sign it. Another officer, a notary, a deputy clerk, or a clerk of the court who administered the oath to the arresting officer must also sign, as required by law. Attach any supplemental information to the probable cause affidavit. This information may include the names and addresses of essential witnesses, witnesses’ statements, or a list of tangible evidence seized. Follow your agency policies or rules on how to include, approve, and submit supplemental documents. ; LE423.9. Explain how to write a probable cause affidavit 158 / Florida Basic Recruit Training Program (LE): Volume 1 4 Unit 2: Writing a Report Lesson 4: Reviewing a Report Before Submission Lesson Goal At the end of this lesson, you will be able to evaluate a report for factuality, clarity, correctness, and completeness. You should evaluate the report after you finish writing it. Take your time and carefully examine it. Make sure that you included all relevant facts from your notes and any statements in an organized, accurate manner. Considerations in the Review Process Review the content in the report to see if you included answers to the who, what, when, where, why, and how, and the actions taken. Make sure to include details on the elements of the crime. Check to see if you recorded all of the procedures that you followed, including notifications and victim’s rights brochures, if applicable. To evaluate a report for errors, consider the following: spelling—spell all words correctly. grammar—make sure that your verb tense is consistent and your sentence structures are correct. Write your sentences in active voice. punctuation—use proper punctuation, including correct comma placement, appropriate apos- trophes, and correct quotation marks. capitalization—capitalize all appropriate words. vocabulary—select appropriate words and use them correctly. typographical errors—look for keystroke mistakes, especially for words that a spell- check fea- ture will not find. Make sure the information is clear. The report narrative should flow properly, make sense, and contain complete sentences. Check to see if you need to add or delete any information. If audio or video recording is available, review it before finalizing the report to avoid any contradictions. When possible, have another officer read the report to catch any mistakes and see if it makes sense before you submit it. ; LE424.1. Explain how to evaluate a report for thoroughness and errors Note: In addition to the resources in your textbook, you can search the internet for resources to help you with spelling, grammar, and punctuation and to improve your vocabulary. Chapter 4 Interviewing and Report Writing / 159 The following exercise will help you practice your proofreading skills. These skills are necessary when edit- ing reports. Exercise Correct the following exercise using Standard English grammar rules, and make sure the narrative is free of jargon and slang: On 16 Feb 08 at 1220 hours this officer responded to 2615 Airport Av Apt 65, Ponte Vedra Beach, reference a disturbance. Upon arrival, this officer scoped out what sounded like a loud verbal dispute emanating from within the home. Subsequently, this officer made contact with the owner of the dwelling, Doris Wardley, to assure the safety of anyone inside the apt. The defendant advised that her TV was on and that what this officer heard was a movie on TV. The defendant appeared confrontational and hostile to this officer’s presence. The defendant told this officer to get outta my face and attempted to shut the door with great force. this officer detected a strong odor that this officer recognized as marijuana coming from within the apt. this officer asked s1 if she had any illegal narcotics on her person. At stated time def provided a pack of rolling papers and a small baggie containing a green leafy substance from her right pant pocket. Such substance was tested using a dept issued kit. The examination results were presumptive positive for can- nabis. Subj was placed under arrest and advised on her Mirandi Right. Def was transported to the slammer by this officer. 160 / Florida Basic Recruit Training Program (LE): Volume 1

Unit 1: Basics of Interviewing Lesson 1: Taking Good Notes PDF

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