1. Interviews
Chapter 19
© 2009 Delmar, Cengage Learning

2. Objectives
• Describe and understand the process of
obtaining sufficient information from the scene
• Describe the creation of an interview plan
• Describe the protection of privileged information
and who is entitled to such protection
• Describe the Miranda ruling
• Describe the various types and methods to
document an interview and the benefits of each
© 2009 Delmar, Cengage Learning

3. Case Study
• A homeowner noticed burnt circles in his yard
• Investigators talked to three families who had
young boys who had been playing with fire
• The boys had set campfires in the yard
• They had also set some fields on fire and an old
shed
• In total, 70 fire events over a 2-year span were
due to these kids playing around
• However, there was no malice involved
© 2009 Delmar, Cengage Learning

4. Introduction
• Various types of interviews to be conducted at
any scene
– First responder investigator does informal interviews
– Assigned investigator handles in-depth interviews
• Reading the Miranda Warning
– Courts have ruled that this is a function of law
enforcement personnel
• Assigned investigator such as a fire marshal is an
agent of the jurisdiction and even without police powers
is considered a law enforcement officer in relation to
reading Miranda Rights
© 2009 Delmar, Cengage Learning

5. Interview Before Digging or
Interview After Digging
• Interviewing before digging allows the
investigator to get as much information as
possible about the scene prior to physical
examination
– Investigator may tend to look for evidence to support
what he learned in interview rather than looking at the
scene with a clear unbiased mind
© 2009 Delmar, Cengage Learning

6. Interview Before Digging or
Interview After Digging (cont’d.)
• Doing the scene examination first allows the
investigator to enter with a clear mind
– The scene will be examined based on the patterns
and the physical evidence
© 2009 Delmar, Cengage Learning

7. Witnesses
Figure 19-1 Interviews
sometimes may have to
be done on the scene,
away from the noise
and bustle.
© 2009 Delmar, Cengage Learning

8. Recording Interviews of Suspects
• Arson is a crime of stealth
– Investigator must confront the suspect and attempt to
solicit as much information as possible
• Interviews of suspects or persons of interest are
likely to be much more structured
• If the investigator desires to record the
interview, he or she should have this prepared
in advance
– Use of recording devices was sanctioned by Supreme
Court
© 2009 Delmar, Cengage Learning

9. Recording Interviews of Suspects
(cont’d.)
• Regardless of whether the interview will be
recorded, the investigator must be prepared to
document the interview
– Not only necessary to prepare a report of the
interview but also important to guide the interview by
looking back at items already discussed
© 2009 Delmar, Cengage Learning

10. The Interview
• Should be remembered that victims may
present many and varied reactions
– There may be feelings of desperation caused by
financial loss
– A person who started the fire intentionally or
negligently may be nervous
– Any fire can traumatize the victim
© 2009 Delmar, Cengage Learning

11. Planning
• Settling in period at the beginning
– Questions center around matters to confirm the layout
of the place and the use of various areas
• Investigator should work to develop rapport with
the victim prior to any questioning
• Interview witnesses separately to avoid getting
a composite view
• Be sure not to overload interviewees with
questions
© 2009 Delmar, Cengage Learning

12. The Communications Process
• Investigator must be a good listener and focus
on what is being said and how it is being said
• Focus on the present question and do not think
ahead to future questions
• Avoid anticipating what the interviewee will say
• Witnesses recall the event as they saw it
• Vocal nuance and nonverbal body movements
comprise the majority of the process
© 2009 Delmar, Cengage Learning

13. Nonverbal Communications
• Watch for facial expressions because they are
the hardest for a person to control
• Nonverbal communications are often referred to
as body language
– Study of such is a key to the veracity or motives of the
speaker
– Body language can be significantly influenced by a
person’s culture
• Study the normal posture and position of the person
while he or she answers non-sensitive questions
© 2009 Delmar, Cengage Learning

14. Listen Carefully
• Words spoken can provide a link to the veracity
of the statement the person is making
• Truthful statements differ from fabricated ones
in both content and quality
• Listen closely for the normal use of words and
key in on changes
• For most people, it is difficult to lie overtly
• Singular pronouns such as I, me, you, he, and
she show responsibility
© 2009 Delmar, Cengage Learning

15. Protected Communications
• Times when communications are protected
under the rules of evidence
– Normally between clergy and parishioner, doctor and
patient, attorney and client, and husband and wife
• To examine privileged communications, there
are certain common denominators to be
considered
– Measure is to establish whether there was an
expectation of privacy
© 2009 Delmar, Cengage Learning

16. Constitutional Rights
• Miranda v. Arizona is a decision of the U.S.
Supreme Court (1966)
– Set up guidelines for government interrogation of
suspects
– Must be adhered to in order to admit into court the
evidence gained
– Miranda Warning is required during any custodial
interview of a suspect
– Custody lies in the mind of the defendant
• Does the person reasonably feel free to leave?
© 2009 Delmar, Cengage Learning

17. Constitutional Rights (cont’d.)
• Age is not necessarily a barrier to interrogation
– Miranda is administered to a juvenile in the same
manner as an adult
• Under no circumstances should the investigator
attempt to advise the suspect on matters of
Miranda
• At any time, the suspect can terminate the
interview and invoke his or her constitutional
rights
© 2009 Delmar, Cengage Learning

18. Planning for the Confession
• Interviews often fail when there is not enough
time devoted to them
• First part of a criminal interview is to confront
the crime
• Questioning should be based on the facts
gathered
• Word questions carefully, using professional
tones and wording
© 2009 Delmar, Cengage Learning

19. Planning for the Confession
(cont’d.)
Figure 19-6 A typical
governmental
interview room
provides minimal
distractions for a
successful event.
© 2009 Delmar, Cengage Learning

20. The Breaking Point
• Last part of the interview is the breakthrough
point
• At this point, the suspect has acknowledged his
or her participation in the arson
• May be advisable to ask the suspect to write out
the confession
© 2009 Delmar, Cengage Learning

21. Summary
• First responder investigator has the opportunity
to do preliminary interviews
• Assigned investigator needs compassion for the
victims
• Everyone involved in the event must be
interviewed
• Certain steps taken in the interview of a suspect
can provide the best opportunity for critical
information as well as a confession
© 2009 Delmar, Cengage Learning