INTERVIEW AT ROBBERY SCENE

You are an investigator who has just arrived at the crime scene of a robbery at a liquor store. You and your partner arrived a minute or two after a uniformed officer had arrived and broadcast a description of a suspect who had just robbed the store. There are two individuals standing inside the store. One is a female, who identifies herself as the clerk, and the other is a man, who identifies himself as a customer. The female appears somewhat frightened of the male customer. As the senior investigator you must decide whether to interview the witnesses together or separately. Your task is to interview one of the witnesses and assess your approach and any theoretical conclusions or leads that should be pursued.

Will you interview the two witnesses together or separately? Select a response.

I will interview the two together in order to get a complete description. I will interview them separately, beginning with the male. My partner, who is a female, will do the preliminary interview of the clerk.

INTERVIEW AT ROBBERY SCENE

The purpose of this scenario is to let you select one of two lines of inquiry in interviewing a witness.

Keeping in mind that you are still in the liquor store, you escort the male witness to a back office where there is a table and two chairs. Your partner is interviewing the female clerk in a store room.

You can conduct the interview in several ways. From the following scenarios you must select what you believe to be the correct questions you should ask, which will elicit a response from the witness.

Please sit down. My name is Detective Doe. I am recording this interview and would appreciate your assistance. Can you tell me your name and what happened? My name is Detective Doe. I am recording this interview. You are not a suspect and I must advise you of your rights. You have the right to remain silent. You have the right to have a lawyer present. Anything you say may be used later in court. Do you understand?

INTERVIEW AT ROBBERY SCENE

Response to Q1a:My name is Albert Allen. I came into the store at about 7:00 PM and I was standing at a wine display near the counter looking for a bottle of wine for a dinner party tomorrow. I saw a guy come in and take a bottle of scotch from a shelf and put it on the counter. He was white, about 20-25 years old, with brown hair, a light beard or not shaven. When the girl told him it was 37 dollars, he took a gun out of his pocket and said, “This is a stickup. Give me the dough from the register and the money under the counter.” He pointed the gun at me and said, “You stand back and you won’t get hurt, punk.”

Correct! The most appropriate query is Q1A. The investigator should introduce himself/herself and ask an open-ended question, letting the witness explain what happened. The response to Q1b is inappropriate. The witness is not a suspect and a Miranda warning is unnecessary and is likely to end the interview on the spot.

INTERVIEW AT ROBBERY SCENE

The purpose of this scenario is to let you select one of two lines of inquiry in interviewing a witness.

You can conduct the interview in several ways. From the following scenarios you must select what you believe to be the correct questions you should ask, which will elicit a response from the witness.

Can you give me a better description of the robber? Why did you say you were in the store?

INTERVIEW AT ROBBERY SCENE

Response to Q2b: I always shop here. Like I said I was buying wine for a dinner party. My wife shops here, too. Their prices are better than the other place around the corner.

Incorrect. At this point this information is immaterial, and you want to focus on the robbery and the perpetrator. If it becomes relevant later the detective can always go back on a follow-up interview.

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INTERVIEW AT ROBBERY SCENE

Response to Q2a: Yeah. He was about 5’9” and about 190 pounds. My height and weight. He was wearing a Yankees baseball cap, a blue jacket with some kind of logo on the front, blue jeans, and Nike sneakers.

Correct. The first goal should be to get as complete a description of the perpetrator as possible. This will aid in transmitting information to the patrol force, and later as the investigation proceeds.

INTERVIEW AT ROBBERY SCENE

The purpose of this scenario is to let you select one of two lines of inquiry in interviewing a witness.

You can conduct the interview in several ways. From the following scenarios you must select what you believe to be the correct questions you should ask, which will elicit a response from the witness.

You said he had a gun. Do you know what kind it was? What happened next?

INTERVIEW AT ROBBERY SCENE

Response to Q3a: I don’t know much about guns. My dad always had a lot of guns, but mostly rifles. But he didn’t have a rifle, but it wasn’t a small gun either. Actually, I’m kind of afraid of guns because of school shootings, and I have a kid.

Incorrect. Here again, the investigator is focusing on a single detail and is likely to change the flow of the interview because a weapon is also likely to unnerve the witness at this point. Try again.

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INTERVIEW AT ROBBERY SCENE

Response to Q3a:I stood back and held my hands up. The girl at the counter took a bunch of bills out of the cash register and then took a cigar box from under the counter and gave them to the guy. She kept looking at me, and not the robber. At first I thought she was just avoiding eye contact with the guy, but then when she gave him the cigar box she looked straight at him. Just didn’t look scared, but I was shaking.

Correct. The best approach in the interview is to let the witness free associate in order to get as many facts as the person remembers. Once this is accomplished the questioning should focus on getting details.

INTERVIEW AT ROBBERY SCENE

The purpose of this scenario is to let you select one of two lines of inquiry in interviewing a witness.

You can conduct the interview in several ways. From the following scenarios you must select what you believe to be the correct questions you should ask, which will elicit a response from the witness.

What did the girl behind the counter do? Do you know exactly what the perpetrator said when he announced the holdup?

INTERVIEW AT ROBBERY SCENE

Response to Q4a: She gave him money from the register and a cigar box from under the counter.

Incorrect! Pursuing what appear to be random thoughts encourages the witness to jump from one thing to another, rather than following a logical sequence of questions. The questions is best framed in terms of the way in which the witness recounted what happened.

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INTERVIEW AT ROBBERY SCENE

Response to Q4b:Yeah, he said: “This is a stickup. Give me the dough from the register and the money under the counter.” I’m a writer, and words people use fascinate me. I thought his use of the word dough was a bit odd.

Correct. Note that the investigator is not “leading” the witness, who did mention the perpetrator’s words a few moments ago. The words a perpetrator uses can help establish the “tale,” which may help form the modus operandi. In this instance, the word “dough” is probably part of the perpetrator’s vocabulary, and is not a common term in most robberies.

INTERVIEW AT ROBBERY SCENE

The purpose of this scenario is to let you select one of two lines of inquiry in interviewing a witness.

You can conduct the interview in several ways. From the following scenarios you must select what you believe to be the correct questions you should ask, which will elicit a response from the witness.

After the clerk gave the money and the cigar box to the guy, what happened? Can you tell me anything about the gun he had? Was the girl afraid? She’s quite a looker. What did she do after she gave the guy the money? Did the perp say anything else? Do you know her?

INTERVIEW AT ROBBERY SCENE

Response to Q5:Hey detective, slow down. I have to think about this. I think she went outside after he left. I told you he took the money and said something before he left, like "thanks for the money." No, I don’t know her, and I’m married and she’s just a kid.

Incorrect! Stringing unrelated questions in this fashion is likely to confuse the witness. This is sometimes workable in an interrogation, but not with a cooperating witness. Mention of the clerk’s looks is not only unnecessary, but could easily be misinterpreted.

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INTERVIEW AT ROBBERY SCENE

Response to Q5a:I think it was a revolver, not too small a gun. After he took the money he said, “Thanks for the dough. Have a highball on me.” And then he ran out the door and ran to the right. The girl went out the door to see where he went, I guess, and then I called nine-one-one on my cell.

Correct. The investigator now feels that he has a rapport with the witness, and asks about the gun almost as an afterthought.

INTERVIEW AT ROBBERY SCENE

The purpose of this scenario is to let you select one of two lines of inquiry in interviewing a witness.

You can conduct the interview in several ways. From the following scenarios you must select what you believe to be the correct questions you should ask, which will elicit a response from the witness.

Will you excuse me a minute. I need to call this in. Can I get you a Coke or something? You’re being very helpful, and I appreciate the time you’re taking. Robberies are difficult to solve without a lot of information, and you have really been helpful. Tell me. What do you do, and can I get your address and telephone number for my report, and contact you if we come up with anything. And I’ll give you my info also. Can I get you something to drink? A Coke? There’s a cooler in the front.

INTERVIEW AT ROBBERY SCENE

Response to Q6a:Yeah, but I need to get home. My wife will be looking for me. Frankly, I’d rather have a beer than a Coke.

Incorrect! Unless it’s extremely important or part of a strategy with an uncooperative witness, an interview should not be broken up unless the witness needs to go the restroom. He or she should not generally be permitted to make a phone call until the interview is over.

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INTERVIEW AT ROBBERY SCENE

Response to Q6b:My name is Albert Allen. I am a freelance writer and artist. I’m 31. I live in the neighborhood at 1100 W. Monro. My cell is: 777-7777. I shop here a lot, but I have never seen the clerk before. I’m married, and have a nine-year-old daughter, Sophia, and my wife’s a teacher.

Correct. The investigator is pausing and giving the witness an opportunity to collect his thoughts. It’s also an opportunity to gather personal information, and for the detective to think about what he wants to pursue in more detail. When a witness begins to talk about his or her family in a relaxed way, it is usually a sign that he or she feels comfortable.

INTERVIEW AT ROBBERY SCENE

The purpose of this scenario is to let you select one of two lines of inquiry in interviewing a witness.

You can conduct the interview in several ways. From the following scenarios you must select what you believe to be the correct questions you should ask, which will elicit a response from the witness.

What happened next? What did the girl say when she came back in? Thanks for waiting. I had to call my wife to let her know I’ll be late. You said the girl went out when the guy left. Right? Did she call the police, or talk about the perpetrator?

INTERVIEW AT ROBBERY SCENE

Response to Q7b:She asked me if I called the police. I told her I did, and then she made a call to someone.

Incorrect! It wasn’t wise to tell the witness, who was waiting for him, that he was taking care of personal business. Here again, he is also “leading” the witness. Note, too, that the witness just responded to the specific questions and didn’t elaborate on his thoughts about the perpetrator.

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INTERVIEW AT ROBBERY SCENE

Response to Q7a:She came back in and asked me if I called the police. When I said I did, she said, “They’ll never catch him. He’s a slippery bastard.” Then she took out a cell phone and called someone. I thought it was the owner because she said, “I was robbed. Yeah, he got away with all the dough.”

Correct. Here again the detective asks an open-ended question, prompting the witness to be specific.

INTERVIEW AT ROBBERY SCENE

The purpose of this scenario is to let you select one of two lines of inquiry in interviewing a witness.

You can conduct the interview in several ways. From the following scenarios you must select what you believe to be the correct questions you should ask, which will elicit a response from the witness.

What did you think? Didn’t she say anything about the robber, or tell you what she thought? I find it hard to believe that she didn’t say anything. Are you holding back because you don’t want to be a witness? We’ll protect you if you are afraid.

INTERVIEW AT ROBBERY SCENE

Response to Q8b:Yeah, she said the guy was slippery. That’s all. And I’m not afraid, but I guess I’d think twice about testifying.

Incorrect! At this point the investigator is pressuring the witness for a response, and by mentioning reasons why the witness may not be responding, he is inserting something that had not been mentioned. At this point the witness is likely to think about these other factors and draw back.

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INTERVIEW AT ROBBERY SCENE

Response to Q8a:I don’t know, and maybe I shouldn’t say anything. It was just a thought. But she didn’t seem shocked by the robbery, and she used the term “dough” rather than money, and how did she know he was “slippery”?

Correct. It’s important here not to lead the witness, as his testimony could be critical in court. The witness added his own feelings, making it difficult for a lawyer to argue that the police put words in the mouth of the witness.

INTERVIEW AT ROBBERY SCENE

The purpose of this scenario is to let you select one of two lines of inquiry in interviewing a witness.

You can conduct the interview in several ways. From the following scenarios you must select what you believe to be the correct questions you should ask, which will elicit a response from the witness.

Did you see anything else that was unusual? I really appreciate your help. I may be calling you for follow-up if we get the guy, which is unlikely.

INTERVIEW AT ROBBERY SCENE

Response to Q9b:Well, you have my info, and I will help if I can. Can I go now?

Incorrect! The detective is ending the interview prematurely, and he accomplishes nothing by saying that the case probably won’t be solved. What are some of the other lines of questioning that he might pursue? What did he forget?

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INTERVIEW AT ROBBERY SCENE

Response to Q9a:Well, for one thing she picked up the bottle that the guy had handled and put it back on the shelf. Couldn’t that be something that you could get fingerprints off?

Correct. Although opinions can sometimes be “tricky” in court, this witness has a good grasp of the situation and he obviously feels there was something strange about the clerk’s actions. At this point, it is a good idea to open the queries up to see if something might have been missed.

INTERVIEW AT ROBBERY SCENE

The purpose of this scenario is to let you select one of two lines of inquiry in interviewing a witness.

You can conduct the interview in several ways. From the following scenarios you must select what you believe to be the correct questions you should ask, which will elicit a response from the witness.

Would you be willing to talk to our sketch artist and look at photos of robbers? We have a lot of pictures, and we might get lucky. Your description of the robber was very good. Will you be willing to come down to our office and meet with a sketch artist, and perhaps go through our photo-file of known robbers?

INTERVIEW AT ROBBERY SCENE

The purpose of this scenario is to let you select one of two lines of inquiry in interviewing a witness.

You can conduct the interview in several ways. From the following scenarios you must select what you believe to be the correct questions you should ask, which will elicit a response from the witness.

Do you mind waiting here for a few minutes? I’d like to talk to my partner about his interview with the clerk. But, before I do that, can you think of anything that I missed, or should have asked you? After we’re finished, I’ll have someone drive you home. Can you wait here while I question the clerk about her possible involvement. Maybe my partner had some additional information. Just sit here and I’ll be back shortly.

INTERVIEW AT ROBBERY SCENE

Response to Q11b:I think she was involved. I’ll wait a few minutes, but I want to get home.

Incorrect: In this instance the investigator is “leading” the witness, which may open the possibility that defense counsel might argue that the detective “put words into the mouth of the witness.” Also, the first statement offers no opportunity for the witness to add anything that is on his mind.

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INTERVIEW AT ROBBERY SCENE

Response to Q11a:I’ll hang around, but can I call my wife? I don’t need a ride, but I appreciate your thinking of it. I think you’ve asked the right questions, but let me think it over while you are gone.

Correct. Checking with the results of his partner’s interview with the clerk may make it necessary to follow up immediately with the witness. For example, there are likely to be discrepancies between the statements of the two people, and there is reason to think that the clerk may have been an accomplice.

This scenario is not much different from an actual witness interview, although in reality there is likely to be more confusion and interruptions, and it does not encompass the stress that is placed on a witness, or, for that matter, almost anyone who is talking to a police officer in an unusual situation.

In the correct responses the investigator follows a train of thought and attempts to build the questioning in a logical manner, taking care not to lead the witness. In this scenario there is a tacit assumption that the clerk was involved in some way. Think about the following:

What is the crime being investigated. Are there other charges that should be considered in an indictment?

Can you prepare a one-page supplementary report of the interview?

Can you answer the primary questions: When, Where, Who, What, How, Why?

Was a good physical description obtained? What are the physical characteristics of the perpetrator that are not likely in doubt? What are the physical characteristics that may be in doubt, or fall within a range? What are other variables that may or may not prove valuable, but should be included?

How would you define the modus operandi of the perpetrator? What was unique about his “tale” and his vocabulary?

Do feel that the clerk was an accomplice? If so, do you need to advise her immediately of her Miranda rights?

What is it about the witness that lends to his credibility? Would he be a valuable witness in court proceedings?

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INTERVIEW AT ROBBERY SCENE

INTERVIEW AT ROBBERY SCENE

INTERVIEW AT ROBBERY SCENE

INTERVIEW AT ROBBERY SCENE

INTERVIEW AT ROBBERY SCENE

INTERVIEW AT ROBBERY SCENE

INTERVIEW AT ROBBERY SCENE

INTERVIEW AT ROBBERY SCENE

INTERVIEW AT ROBBERY SCENE

INTERVIEW AT ROBBERY SCENE

INTERVIEW AT ROBBERY SCENE

INTERVIEW AT ROBBERY SCENE

INTERVIEW AT ROBBERY SCENE

INTERVIEW AT ROBBERY SCENE

INTERVIEW AT ROBBERY SCENE

INTERVIEW AT ROBBERY SCENE

INTERVIEW AT ROBBERY SCENE

INTERVIEW AT ROBBERY SCENE

INTERVIEW AT ROBBERY SCENE

INTERVIEW AT ROBBERY SCENE

INTERVIEW AT ROBBERY SCENE

INTERVIEW AT ROBBERY SCENE

INTERVIEW AT ROBBERY SCENE

INTERVIEW AT ROBBERY SCENE

INTERVIEW AT ROBBERY SCENE

INTERVIEW AT ROBBERY SCENE

INTERVIEW AT ROBBERY SCENE

INTERVIEW AT ROBBERY SCENE

INTERVIEW AT ROBBERY SCENE

INTERVIEW AT ROBBERY SCENE

INTERVIEW AT ROBBERY SCENE

INTERVIEW AT ROBBERY SCENE

INTERVIEW AT ROBBERY SCENE

INTERVIEW AT ROBBERY SCENE

INTERVIEW AT ROBBERY SCENE

INTERVIEW AT ROBBERY SCENE

SUMMARY AND RECAP