Jaffrey Police Department s1

Massachusetts Alcoholic Beverages Control Commission Investigation and Enforcement Division OPERATIONS MANUAL

CHAPTER: O-016

SUBJECT: Interviewing Witnesses

AMENDS/SUPERSEDES: All Previous

DISTRIBUTION: All Investigators ______

Discussion: One of the most difficult tasks faced by investigators investigating criminal cases is the development of information necessary for a proper identification and successful prosecution. The effective interviewing of witnesses is a vital part of the investigative process and requires that the investigator develop sound interpersonal skills. The adherence to proper interview/ investigative procedures will increase the likelihood of a successful outcome to the investigation.

Procedure: A. An interview is defined as a conversation with a purpose between an investigator and any person present during the incident, or any person who has knowledge of the events or circumstances related to the investigation. An interview is appropriate in situations where the subject is cooperative and is a willing party to the conversation.

B. During the acquisition and evaluation of information furnished by witnesses and victims, investigators must consider the following: 1. The witness may not have actually seen the entire incident, or may be adding information that they are actually uncertain about in an effort to assist the investigator. 2. The witness may not have recognized the importance of something that they saw, or are not telling the investigator because they think the item is trivial, unrelated or unimportant.

O-016: 1 3. The witness will likely not recall everything that happened during the incident without the investigator allowing them to spend some time talking about the incident to refresh their memory. 4. The witness may not be able to accurately describe exactly what was seen without assistance from the investigating investigator.

Initial Contact and Responsibilities:

A. Whenever possible, witnesses should be interviewed as soon as possible after the incident being investigated. Investigators shall immediately identify themselves to the witness, and shall display their identification.

B. Frequently, witnesses are emotionally upset by the events in which they have become involved. Consistent with the immediate needs of the investigation, investigators shall make every effort to provide the witness with the supportive atmosphere necessary to calm the individual prior to any interview being conducted.

C. Only one investigator shall conduct interviews. Other investigators present should witness the interview and remain inconspicuous and not interfere with the interview.

D. The immediate objective of the interviewing investigator should be to establish a cooperative relationship. To this objective, an investigator must: a. Be patient, tactful and respectful of the needs of the witness. b. Remain impartial to the investigation and not reveal personal feelings regarding the incident under investigation.

E. When questioning witnesses, investigators shall allow the subject to give a complete verbal account of the incident prior to any questioning or written statements being taken.

F. Following completion of the witnesses accounting of events, investigators should further question the subject to clarify areas that are uncertain or to develop additional information not contained in the original conversation. 1. Questions should be clear, definite and in plain language. 2. Investigators should ask only one question at a time and wait for a complete reply. 3. Investigators shall avoid questions that imply or suggest a particular answer. 4. Investigators shall avoid questions that can be answered Yes or No, as these questions limit the response from the witness. 5. Investigators shall not ask questions in a critical or hostile manner. 6. Investigators shall not correct the grammar or the language of the witnesses. 7. Investigators shall not allow their emotions, attitudes or opinions to distract the witness or to interfere with the investigation.

O-016: 2 G. It is critical that investigators note the physical and verbal clues afforded to them by the persons being interviewed. 1. Emotional outbursts and inflections of the voice may give a clue to sensitive areas of the interview 2. Sudden silence, uncertainty, confusion, or the shifting of conversation to an unrelated subject may indicate that information is being withheld from the investigator.

H. Notes should be taken in a manner that does not interrupt the interview process. Brief notes can be made without deterring or distracting the witnesses. However, if a statement appears highly informative due to its nature and content, a verbatim account should be recorded. If possible, have witnesses sign or initial notes.

Interview Considerations:

A. There are a number of factors, which affect the ability of witnesses, no matter how cooperative, to provide a completely factual description of the incident being investigated. Investigators shall be alert for any of the following:

1. Certain physical disabilities, as well as the use of alcohol or drugs, may diminish the ability of the witness to properly recall the event being investigated by the investigator.

2. Any emotional condition of witnesses, such as fear, anger or hysteria, which often occur in a stressful or violent situation, that could reduce their normal ability to observe what took place.

3. Any prejudice or personal bias of witnesses, for or against any person involved in the investigation that would distort their description of what occurred.

4. The distance of witnesses from the actual scene; the lighting conditions at the time; the weather conditions at the scene; any noise or sound element that could prevent the witness from over-hearing conversations, gunshots, collisions, etc.

5. The age, education, previous experience of witnesses or any other factor that may affect their ability to adequately describe what they have seen.

Concluding the Interview:

A. Investigators shall ensure that interviews are concluded in a courteous, professional manner.

O-016: 3 B. Interviews should not be terminated in an abrupt or curt manner. The investigator's actions will greatly influence the desire of the witness to testify at future proceedings.

C. If it is necessary to conduct a further interview, it should take place at a location familiar to the witness. If necessary, a neutral location may be selected. If at all possible the investigator is encouraged to avoid the use of headquarters.

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