CFI Exam Prep
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What is a disavante of conducting a Field Interview
What are advatanges of conducting a field interview?
- 1) Suspects lack of information about what the interviewer knows.
- 2) Confronting the subject in a field interview triggers the subjects fear of detection causing him to experience physiological and psychological changes.
- 3) Evidence located on or in proximity to the subject reduces resistance to a confession.
- 4) Interviewer is asking questions and observing responses
The difference between "Reasonable Suspicion" Vs "Probable Cause"
Reasonable Suspicion requires the Interviewer to articulate the cirucmstances and facts which led him to infere that a crime was about to be, was being or has been committed.
Probable Cause is a set of facts, evidence or circumstances which build to the conclusion that the subject has committed a crime and can be arrested.
Relevance of Terry V Ohio
Addressed the issue of short detentions: The "Terry Stop" permits an Officer to freeze a situation for a short period of time while he investigates.
Relevance of Pennsylvania V Mimmus
Addressed the issue of ordering a driver from his vehicle: "Inordinate Risk" to ensure safety, could order the driver out of the vehicle.
Relevance of Maryland vs Wilson, S.
Extended the reasoning of Terry to passengers in a vehicle.
Relevance of Berlemer V McCarthy
Determined that field investigative stops are non-custodial when probable cause exits.
However, once the subject has been placed in formal custody, where probable cause for an arrest exists, the interviewer must advise the suspect of his Miranda rights and receive a waiver of those rights before further questioning.
What behavioural considerations must an Interviewer be aware of during a Field Interview:
- 1) Must begin by establishing a behavioural norm for the subject
- 2) Observance of evidence in plain view or the smell or marijuana or alcohol may further the scope of the interview
- 3) The most important thing is obtaining subject cooperation
- 4) The suspect will often also generously sprinkle his answer with "qualifiers", allowing him to modify his answer if contradicted by evidenced or another individual.
- 5) Physical behavioural cues caused by the triggering of the suspects autonominc nervous system - changes might include increased respiration, paling or flushing of the skin, sweating or dry mouth, increase in muscular tension.
- 6)The interviewer observing the behavious should ask himself:
- a) Does the behaviour match the behavioural norm already established or is it different?
- b) Does the behaviour and attittude of the subject match what most people do under the same given set of cirmcumstances?
What strategies should an interviewer adapt during a field interview where there is no specific criminal conduct to investigate, i.e. a traffic stop?
- 1) The strategy in the structured field interview is to make the subject offer narratives rather than just respond with a yes or no answer to questions
- 2) Seperate the subject from any other individuals present.
- 3) The Interviewer may ewish to solidify his suspicions by using modified questions from the behavioual analysis interview and the introductory statement accusation.
What are the common body language and demeanors which may indicate problems are about to occur during a field interview?
- 1) Concealed hands may indicate a subject trying to dispose of contriband or obtain a weapon from a pocket or beneath his clothes.
- 2) General defiance when answering questions or following lawful orders
- 3) Totally ignoring questions and orders to cooperate
- 4) Darting eyes surveying the surroundings
- 5) Loud ranting, raving or cursing
- 6) Wildly exageratred or agitated gestures
- 7) Physically closing with the interviewer. (immediately establish a safe distance)
- 8) The subject becomes physically quiet after being in an agitated state.
What key elements must be included in a written report regarding a "stop"?
Each indicator that was detected and led to the "resonable suspicion" culminating in the stop or search should be noted
The Interviewer shoudl carefully reconstruct each detail used to build the reasonable suspicion or probable cause relied on during the stop.
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