The Art of Investigative Interviewing

Inge Sebyan Black

• Publisher: Butterworth-Heinemann
• Year: 2013
• ISBN:
  9780124115835
• Edition: 3
• Topic: Política y relaciones internacionales
• Subtopic: Corrupción política y mala conducta

The Art of Investigative Interviewing, Third Edition can be used by anyone who is involved in investigative interviewing. It is a perfect combination of real, practical, and effective techniques, procedures, and actual cases. Learn key elements of investigative interviewing, such as human psychology, proper interview preparation, tactical concepts, controlling the interview environment, and evaluating the evidence obtained from the interview. Inge Sebyan Black updated the well-respected work of Charles L. Yeschke to provide everything an interviewer needs to know in order to conduct successful interviews professionally, with integrity, and within the law. This book covers the myriad factors of an interview — including issues of evidence, rapport, deception, authority, and setting — clearly and effectively. It also includes a chapter on personnel issues and internal theft controls.

• Provides guidance on conducting investigative interviews professionally and ethically
• Includes instructions for obtaining voluntary confessions from suspects, victims, and witnesses
• Builds a foundation of effective interviewing skills with guidance on every step of the process, from preparation to evaluating evidence obtained in an interview

Chapter 1

So You Want to Be an Investigative Interviewer?

Abstract

This book is written for readers who will conduct interviews outside of law enforcement situations. In the chapters ahead we talk about the Miranda warning, questions and answers, techniques, deception, and evidence. In this chapter we examine what it takes to be an investigative interviewer and some helpful tips for when the time comes to conduct that interview. You may not be a private investigator; you might be a human resource specialist, asset protection associate, insurance investigator, loss prevention officer, security director, or owner of a business. Professionals in all of these fields will find this material helpful.

Keywords:

Driver’s Privacy Protection Act

Federal Fair Credit Reporting Act

Gramm-Leach-Bliley Act

notary

pretexting

qualifications

Interviewing, interrogations, and investigations

There are hundreds of books on interviewing, interrogations, and investigations for law enforcement, but if you are in the private sector or work for a corporation, there are differences. Those differences can often work in your favor. This book is written for those of you who will conduct interviews outside of a law enforcement environment. The one big difference in the United States is that if you are in the private sector, you are not required to read the Miranda warning before questioning a suspect. We also have no time restrictions when talking to employees about company business. We also have access to employees’ company computers, company cell phones, or any other equipment that is owned by the company, without a search warrant.

In the chapter ahead, we discuss the Miranda warning questions and answers, interviewing techniques, deception, and evidence. In this chapter we examine what it takes to be an investigative interviewer and some helpful tips for when the time comes to conduct that first interview. You might not be a private investigator; you could be a human resource specialist, asset protection associate, insurance investigator, loss prevention officer, security director, or owner of a business. If you take away anything from this book, the author hopes it will be an understanding of the importance of preparing for an interview and how in these times, research is infinite and critical to a successful interview. That first interview might be the only chance you’ll ever have to talk to your interviewee. As a private investigator, one shot may be all you’ll get.

Investigative interviewing is definitely an art. It is an art because no two people are the same, which translates into every interviewer having unique mannerisms and techniques. Each will bring to the process different components, including personalities, traits, and styles. Individual style will be determined by the interviewer’s work experience, personal life experience, and training. There are as many variables as there are individuals. No one can tell you what to do, what to ask, or what to say. What I can tell you is that with training and practice, you can be a successful interviewer. Through practice, you can perfect your individual style. All of the suggestions and descriptions in this book are just that—suggestions. They represent one or two individual styles, but not yours. Your style is unique to you.

In this first chapter we discuss some tools that I have personally found to be useful. You may also find some of these useful, or maybe they won’t apply to the interviews you conduct, or maybe they simply don’t work with your personality. In Chapter 6 we discuss differences between public and private interviewing, and in Chapter 11 we look at questioning techniques.

Benefits of being a notary public

One investigative interviewing tool is obtaining authorization as a notary. Depending on the country you live or work in, this might not be possible. In Canada, being a notary varies among provinces and territories and the process can take years. For example, in Quebec and Manitoba, only individuals with law degrees can apply to be notaries. In British Columbia, an applicant only has to have taken a university course. In Ontario, they allow both lawyer and nonlawyer notaries public, but if you are not a lawyer, there is a three-year term appointment and application is through the attorney general’s office. In the United States, a notary public is someone appointed by a state government. In 32 states, the main requirement is to fill out a form and pay a fee, whereas other states have restrictions on applicants with criminal histories. In 18 states, applicants have to take a course, pass an exam, or both. These are just a few examples of how becoming a notary will vary by locale.

Being able to interview a subject, take a statement, and notarize it eliminates the consequences of what could happen if the interviewee refuses to meet with you again. Being a notary ensures that the interviewee’s statement and signature are captured the first time. You also do not need to be concerned about having a witness who is also a notary with you. Meeting and interviewing someone that first time might very well be the last time. If you are with a law enforcement agency, you will likely find it easier to see and interview someone multiple times, but in the private sector this is not always the case. In many interviews I have done as a private investigator, once I finished and have left the interviewee, something happened. That something was that the interviewee suddenly realized that the information he gave me might affect a relationship, a job, or his family or might affect the interviewee himself in another way. Interviewees will likely realize that they should not have talked to you. They have second thoughts, and when you go back to have them sign the statement, they suddenly can’t remember that they said anything and refuse to sign the document.

The case that led to my becoming a notary was a sexual harassment and assault case that I worked on for my client, the lawyer representing the victim. The key witness, who could substantiate the victim’s story, agreed to talk with me and provided information that would prove the victim’s story. The witness opened up and gave pertinent details of what he knew and saw. I was not a notary at this time (in 1994). I returned to the corporate office of the business involved, and the witness refused to sign or notarize the statement he’d made. He stated that after he spoke to me the first time, he realized that since he still worked at the company, he couldn’t risk his job by giving such a statement and refused to meet with me again. Of course, this adversely affected the victim’s case, and we had to look at alternatives to help support and win the case. This is when being a notary is invaluable.

As a notary, you interview, obtain answers pertinent to the case, and write (in complete, clear, detailed sentences) the described facts as they were told to you, read the statement to the interviewee, and verbally verify what they told you. If the statement is correct, the interviewee needs to sign and date the document, at which time you will notarize it. I can’t tell you the number of cases that I successfully concluded because of the handwritten, notarized statement. Another case involved three individuals who had assaulted another individual and had bribed and threatened approximately six witnesses. I interviewed all the witnesses, who eventually lied on the stand in court. However, I had taken all of their statements by hand and notarized them, and the case was won based on these statements. Since this case, I am always prepared for the reality that I may have just one shot at interviewing someone. Assuming that you might have only one interview with your subject will force you to be fully prepared when you conduct your research, plan your questions, set the timing and setting, and finally, get the interview.

Another tool that may be available to you, depending on local and state laws, is to tape record your interview. You will have to examine the laws in your state. In Minnesota, only one party needs to know that the conversation is being taped. In some states, all parties must be advised. I have often taped interviews, not necessarily because I needed recordings or was required by my client to do so, but if the interviewee later disputes in court what they said, the interviewee has committed perjury. When you are alone interviewing, this technique may help protect your integrity. Your client may or may not want to be advised of your intent to record interviews. I suggest you research your local and state laws and discuss this possibility with your client when you initially take a case and prior to taping the interview. My experience is that attorneys have not always agreed with this practice. The other benefit of tape recording interviews is that you don’t have to worry about taking notes continuously, which means that you can concentrate on being an active listener. Recording interviews may also assist you in analyzing them for signs of deception.

Research tools

Research is an extremely significant tool in the current Internet era. Never underestimate what research can do for your interview. Every investigator has favorite Websites and ways to research. This is a technique you will develop over time. I prefer to run a background check on my interviewee using TLOxp, an online investigative system that provides public and private records, helps with identity authentication, aids in fraud prevention and detection, and analyzes millions of records at a time. I rely on this as my first step; it allows me to look over individual assets and records to help me determine what else I would like to research or spend time on. This is only one example of a tool that some investigators use. The ones you choose will likely depend on what your client uses or has access to. Some firms already have license agreements with an investigative system. It may also depend on whether you have the necessary licenses and background for a particular company. Some require their clients to be attorneys, licensed investigators, reporters, or law enforcement. They may also require you to reside in a particular country. You will have to do some research to determine what company will serve your needs best, along with your qualifications to access the company’s database. Tools such as TLOxp are governed by the Gramm-Leach-Bliley (GLB) Act and the Driver’s Privacy Protection Act (DPPA) and cannot be used for Federal Fair Credit Reporting Act (FCRA) purposes. FCRA prohibits purposes related to credit, insurance, employment, or other financial information.

There are many Internet tools that investigators use. Here are a few:

• Zaba Search is a free people-finder Website. A private investigator can search for public information using an individual’s basic information.

• Internet Achieve is a site that provides historical data on thousands of books, sites, moving images, and even federal court cases.

• E-investigator is a comprehensive site that provides a multitude of resources for private investigators.

• Criminal Searches is a website that provides criminal histories on people.

• Some specific sites to search mobile phones, car history, employment history, investigator tools, or people search tools are:

• www.mobilephoneno.com

• www.carfax.com/entry.cfx

• www.theworknumber.com

• www.pimall.com

• http://find.intelius.com/index.php

It would take an entire book to list all the available Websites that can be useful to an investigator. Social networking sites are also very helpful in preparing for interviews. Information on these sites can help you determine deception, formulate questions, or determine background of a subject.

The most valuable tool is to develop your personal style and rapport—developing the ability to form a relationship, almost an intimate one, with your subject. This might not be necessary for witnesses or all interviewees, but if you are interviewing a subject that you need a confession from, you will need to form a close, almost intimate relationship. Doing so will require you to be empathetic without being judgmental or accusatory. You need that person to open up to you.

In conducting internal investigations, there are as many ...