5.4 Interviewing and Questioning

Academic Skills 12 1 with Academy at Pima County Basic Law Enforcement Training Academy

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By: Adam Williams
Created: 2012-04-01
Size: 38 flashcards
Views: 21

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Steps for preparing for an interview

review any information about: the case, person being interviewed

Select an appropriate setting

Are Miranda warnings required?

Develop a basic strategy

Make arrangements to record.

5.4

What are the principles for conducting custodial interviews?

Use a comfortable interview style

Avoid coercive acts that would cause an innocent person to confess

Obtain valid Miranda waiver prior to questioning

Stop all questioning if attorney requested

5.4

Before conducting a show-up, what should you obtain from the witness?

A description of the suspect:

Scars, marks, tattoos

Clothing

Build

5.4

What should you avoid doing with a suspect prior to a show-up?

Unless officer safety dictates its:

Handcuffing

Placing in patrol car

5.4

T/F? Officer should not make any suggestion to the witness or “lead” them in anyway (e.g. do not ever refer to the suspect as a “suspect”)

True

5.4

During a show-up, what should an officer tell the witness about the suspect?

keep an open mind

The person may not be the perpetrator

5.4

T/F Never allow multiple witnesses to discuss the suspect or the crime.

True

5.4

(T/F) Officers should allow multiple witnesses to see the show-up at the same time?

False

5.4

How long, from the commission of a crime do we have to conduct a one-on-one show-up?

2 hours

What items should be documented regarding a show up?

Everything the witness said
Distance between
Light conditions

Do we ever have to advise a juvenile of their Miranda rights?

Yes. Prior to interview

Are a juvenile's parents required to be present during an interview?

Can a parent invoke Miranda on behalf of their child?

No. They can only advise.

Can a parent deny law enforcement access to their child?

What factors are considered by courts when assessing admissibility of info obtained from juvenile witnesses?

Chronological age
Mental age
Education level
Previous dealings with law enforcement
Whether rights were explained
Existence of a language barrier
Physical condition
Method of interrogation

You are interviewing a person who repeatedly requests that you explain Miranda. What does this mean?

They do not understand
A valid waiver requires knowing and understanding.

Is answering questions after being given Miranda warnings a valid waiver?

Yes

Give the Miranda formula

Custody + interrogation = Miranda

What is RPM

Rationalize
Projection
Minimize

Regarding ways to keep a suspect talking when discussing difficult content.

4 elements of a successful interview

Orientation
Narration
Cross-examination
Resolution

What is the primary concern in any interview?

Officer safety

4 elements of Miranda

Remain silent
Anything said can be used against you
Presence of an attorney
Can't afford, attorney will be provided

If a suspect chooses not to answer questions but then later changes their mind, what must be done before questioning?

Read Miranda
Gain waiver

If suspect incomes right to attorney, what must happen?

Questioning stops immediately
Resume when attorney present

Is a confession with self-induced difficulties (intoxication) valid?

Yes
Admissible in court

Define interview

Attempt to gain info from a person that may be relevant to an investigation

Define statement

A declaration of matter of fact.
May be suspect, victim, or witness

Define admission

Incriminating statement including admitting to guilt or involvement in criminal activity
Not a complete and full confession

Define confession

Statement that provides evidence or proof of a person's involvement in a crime
Includes all elements of a crime

Factors considered by courts for juvenile info part 2

Length of interrogation
Length of time in custody
Was juvenile properly detained (sight/sound separation)
Was juvenile given chance to talk to adult
Juvenile's understanding of charge
Was juvenile warned
Did juvenile try to repudiate prior statements

What can be done to verify reliability or credibility of interviewees

Gather info from multiple sources
Separate all persons to be interviewed
Explore relationships between witnesses, suspects, victims

Should you build a relationship with interviewee

Yes
Build rapport

What is the least custodial place to interview a suspect?

At the suspect's home

Is an interview a one way or two way flow of info?

Two way

Interrogation is 1 way

During a field show-up who gets transported to who?

Witness to the suspect

Most often used reason a citizen complains with about a traffic stop

They were made to feel stupid by the officer

3 gestures projecting negative image of Leo

Crossed arms
Hand on pistol
Chewing gum

Things that affect a person's perception of events

Past experiences
Social-economic status

About this deck

By: Adam Williams
Created: 2012-04-01
Size: 38 flashcards
Views: 21

About StudyBlue

“Simply amazing. The flash cards are smooth, there are many different types of studying tools, and there is a great search engine. I praise you on the awesomeness.”
Dennis