Police interrogation practices

• Author: Deja Vishny
• Pages: 503-518

POLICE

INTERROGATION

9-1

CHAPTER 9

POLICE INTERROGATION PRACTICES

I. GUIDING PRINCIPLES

§9:01 Miranda v. Arizona

§9:02 Litigating Admissibility of Confessions

§9:03 How Police Interrogate Suspects

[§9:04 Reserved]

II. THE REID METHOD OF INTERROGATION

A. What is the Reid Method?

§9:05 Long-Standing Principles of Interrogation

§9:06 Non-Accusatory, Pre-Interrogation Interview

§9:07 17 Mandatory Questions

B. Evaluating Suspect’s Responses in Non-Accusatory Interview

§9:08 Evaluating Verbal Responses

§9:09 Evaluating Non-Verbal Responses

C. Bait Questions

§9:10 What is a “Bait” Question?

§9:11 How are Bait Questions Used?

D. Nine Steps of Reid Method Interrogation

§9:12 Step One: Direct Confrontation of the Suspect

§9:13 Step Two: Theme Development

§9:14 Step Three: Handle Denials

§9:15 Step Four: Overcome Objections

§9:16 Steps Five and Six: Procure and Retain Suspect’s Full Attention;

Handle Suspect’s Passive Mood

§9:17 Step Seven: Present the Alternative Question

§9:18 Step Eight: Orally Relate the Details

§9:19 Step Nine: Convert Statement into Writing

E. Deconstructing the Reid Method

§9:20 Interrogation is Guilt-Presumptive

§9:21 Maximization and Minimization are Tools of the Trade

§9:22 Post-Admission Narrative

[§§9:23-9:29 Reserved]

III. IN PRACTICE: LITIGATING THE CONFESSION SUPPRESSION MOTION

A. Early Steps in Challenging Confessions

§9:30 Review Your Jurisdiction’s Training Materials

§9:31 Study the Interrogators’ Techniques

§9:32 Read the Psychological and Social Science Research about Interrogation

POLICE

INTERROGATION

Suppressing Criminal Evidence 9-2

B. Gather Evidence in Support of Motion

§9:33 Drafting Suppression Motions

§9:34 Interview Your Client

§9:35 Verify Your Client’s Story When Interrogation is Unrecorded

§9:36 When the Interrogation Is Recorded

§9:37 Obtain All Information re: Polygraph

§9:38 Analyze Client’s Statements

[§9:39 Reserved]

C. Litigate the Motion

§9:40 Get Expert Witnesses Involved

§9:41 Create Exhibits to Help the Judge Understand the Interrogation