Criminal Investigations 9th Ed - Ch 6 - Obtaining Information & Intelligence Flashcards
A person who is lying will tell the story….
exactly the same way each time.
The ultimate goal of ______ and ______ is to determine the truth; that is, to identify those responsible for a crime and to eliminate the innocent from suspicion.
interviewing and interrogating
The two most important basic requirements for obtaining information are to….
listen and observe.
• An example of a “_____ ______” would be: “Did you assault George Smith at 5th and Main Street last night?”
direct question
• Most people who are reluctant to be questioned respond to one of two approaches: (1) ______, or (2) ________
(1) Logical
(2) Emotional
• A ________ best describes a person who requests that some action be taken by the police.
complainant
• A _______ records several measurements on a visible graph.
polygraph
• An example of a “_____ _____” would be: “When did you and your wife leave the restaurant?”
direct question
______ barriers to communication include ingrained attitudes, prejudices, fear, anger, and self-preservation.
Emotional
The interviewer should watch his or her _____ ______ and tone of voice.
body language
If time permits, investigators need to plan carefully for _______ .
interviews
• There are three critical dimensions of an interview:
o Environment
o Interviewer’s Behavior
o The questions asked
Officers MAY or MAY NOT use deception during interviews.
MAY
____ and _____ recording are becoming more popular.
Audio and Video
Avoid asking “__” or “__” simple questions.
Yes or No
Interviewers should ask
Direct Questions
• A ______ is a person injured by a crime.
Victim
A _________ is a person who requests that some action be taken.
complainant
A ________ is a person who saw a crime or some part of it being committed.
witness
A ______ is a person considered to be directly or indirectly connected with a crime, either by overt act or by planning or directing it.
suspect
GOYAKOD stands for
Get off your ass and knock on doors.
A ____ and _____ is a legitimate investigative technique where an officer goes to a home of a suspect or witness to ask them information about an investigation.
knock and talk
An _______ is anyone who can provide information about a case but who is not a complainant, witness, victim, or suspect.
informant
A ________-__-________ file contains the name and location of people, organizations and records that may assist in a criminal investigation.
source of information
We are currently living in an “Information Age” where knowledge is ______ every 2.5 years
doubling
___ _________ are electronic devices that record all number dialed from a specific phone line.
Pen Registers
A _____ ________ ______ (_ _ _) can simultaneously monitor call activity on several lines and some have wiretapping capabilities.
dialed number recorded (DNR)
Good _________________ are often the best source of information in a criminal investigation.
eyewitnesses
Often the best way to solve a crime is to go door to door in the area around the crime scene. This is often referred to as “GOYAKOD”, meaning ……
“Get off your ass and knock on doors.”
A number of courts recognize that knock and talks are consensual encounters that do not violate the Fourth Amendment.
United States v. Crasper (2007) set forth the general rule regarding knock and talk encounters.
In order to achieve the totality of the circumstances necessary to establish probable cause:
o Corroborate as much of the informant’s information as possible
o Determine how, where, when and under what circumstances the informant obtained the information
o Explain use of the informant’s information in past criminal cases that led to arrests, convictions, seizures, etc.
o Provide or reveal statements informants made
o Identify the informant if it’s safe to do so
An ____________ is questioning people who are not suspects in a crime but who know something about it or the people involved
interview
An ____________ is questioning those suspected of direct or indirect involvement in a crime
interrogation
The ultimate goal of ________ and __________ is to determine the truth, that is, to identify those responsible for a crime and to eliminate the innocent from suspicion.
interviewing and interrogation
Two basic requirements to obtain information are to _______ and to _______
listen
observe
• A _______ question is to the point, allowing little possibility of misinterpretation
direct
o EXAMPLE: “Has your husband every physically assaulted you?”
• An __________ question is disguised, one that skirt the basic questions
Indirect
o EXAMPLE: “How do you and your husband get along?”
___________ is an effective technique to obtain recall and to uncover lies.
Repitition
Someone who is lying will usually tell a story exactly the same way several times.
Someone who is telling the truth, however, will contain the same facts but be phrased differently each time it is retold.
Record both _______ and ______ information. The fact that a witness did NOT see anyone enter a building may be as important as having seen someone.
positive and negative
__________is probably the most critical factor in any interview
Rapport
_________ is an understanding between individuals created by genuine interest and concern.
Rapport
• Appeal to reluctant interviewee’s reasons or emotions
o Logical Approach is based on reason. Use logic to determine why the person refuses to cooperate
o Emotional Approach is based on negative emotions (hate, anger, greed, revenge, etc).
_________ interview tries to get the interviewee to recall the scene mentally by using simple techniques aimed at encouraging focused retrieval.
Cognitive
Testimonial ________ includes prior testimony as well as statements made as a result of police interrogation.
hearsay
The “_______Warning” (______ v. Arizona – 1966) informs the suspect of their Fifth Amendment rights.
Miranda
_______ interrogation is questioning initiated by law enforcement officers after a person has been taken into custody or otherwise significantly deprived of freedom.
Custodial
If officers learn about contraband or evidence from a statement that does not comply with Miranda, the contraband or evidence need not to be suppressed as “______ _____” of the inadmissible statement. (United States v. Patane – 2004)
poisonous fruit
• Miranda Warnings are not required during:
o Voluntary or unsolicited statements
o Identification procedures (fingerprinting, book-in, lineups, or sobriety tests)
o During roadside interview for traffic violations
o When questioned by a private citizen who is not an agent of the government
A suspect can waive the rights granted by Miranda but must do so______ and _______
intelligently and knowingly
The suspect must unambiguously request counsel and articulate his desire to have counsel present in such a clear manner that a reasonable officer would understand the statement as a request for an attorney.
(Davis v. United States – 1994)
• In reference to waiving the ______ Warning, silence itself is not a waiver.
Miranda
Beach-heading is when an officer questions a custodial suspect without given the Miranda Warning and obtains incriminating statements, then reads the warning, get a waiver, and repeats the interrogation to obtain the statement.
o The courts have ruled that this technique is unconstitutional (Missouri v. Seibert – 2004)
Conduct _________in a place that is private and free from interruptions
interrogations
The ______ ___________ ______ gives foreign nationals the right to contact their consulate in the event of their detention or arrest. Another treaty signed in 1972 provides diplomatic immunity for certain individuals.
The Vienna Convention Treaty (1963)
Research has show that 10% of a message is delivered ______ while 90% is _______.
10 - verbally
90 - nonverbally
_____ _____ tactics is the use of physical force, threat of physical forces, or other physical, mental, or psychological abuse to induce a suspect to confess to a crime.
Third Degree
o The use of these methods are inexcusable and illegal
Any information obtained during a ______ _______ interrogation” is inadmissible in court
Third Degree
An _____ contains some information concerning the elements of a crime but falls short of a full confession.
admission
A ________ is information supporting the elements of a crime given by a person involved in committing it.
confession
An _______ _______ occurs when someone else makes a statement in a person’s presence and under circumstances where it would be logical to expect the person to make a denial if the statement falsely implicated him, but he does not deny the allegations.
adoptive admission
Obtain ________ _________ before questioning a youth. Do not use a youth as an informant unless the parents know the situation.
parental permission
The _________scientifically measures respiration and depth of breathing, changes in the skin’s electrical resistance and blood pressure, and pulse.
polygraph
_______ _______ has finally been accepted as a valuable crime fighting tool, however many states remain reluctant to allow testimony elicited from hypnosis.
Forensic Hypnosis
____ ______ are most often sodium amatol and sodium pentathol. The courts do not officially recognize truth serums or their reliability, nor do they admit the results as evidence.
Truth serums
_______ are more commonly accepted than psychics.
Profilers
The ______ _______ ___ ____ ______ has become the national de facto data sharing standard.
The Global Justice XML Data Model (GJSCM)
Information or data is NOT __________. Information PLUS analysis is __________.
intelligence
The intelligence process consist of:
o Planning and direction o Collection o Processing / Collation o Analysis o Dissemination
