Recording and Evaluating Interrogations

Interrogations can be recorded by the same methods used for interviews. Under normal circumstances, do not take notes during the interrogation. The interrogation requires such a degree of concentration that the diversion of note-taking would almost certainly disrupt your "rhythm" in questioning or your train of thought. Notes are generally taken after the suspect has made a statement and are often, in fact, a rough draft of a written statement the suspect has agreed to furnish.

The results of an interrogation of a suspect are evaluated in the same manner as those from nonsuspects.

Confessions

When obtaining a confession from a suspect, the investigator makes sure that all elements of proof for the particular crime have been covered. The MCM should be reviewed whenever doubt exists. During the taking of a written statement, the elements of proof should also be covered to enable the reader to have a clear understanding of the crime.

Number of Investigators

During the interrogation, you may find you are unable to obtain factual information or a confession after having used several techniques and are becoming fatigued. That may cause the suspect to persist in lying or denials. You may lose control of the interrogation. A second investigator can continue the interrogation and use techniques not previously used by you.

You should clearly advise the second investigator, in the presence of the suspect, that the suspect has been advised of all legal rights. The second investigator should ascertain from the suspect that he or she clearly understands and desires to continue. During the interrogation by either investigator, patience and perseverance are the key elements.

WRITTEN STATEMENTS

Written statements are permanent records of the pretrial testimony of accused persons, suspects, victims, complainants, and witnesses. They may be used in court as evidence attesting to what was told to investigators, to refresh the memory of makers of the statements, or the memory of the Master-at-Arms, security patrolman, or investigators.

Statement and Rights Waiver Forms

Whenever possible, interviews with pertinent witnesses, victims, or complainants should be recorded on a Department of the Navy Voluntary Statement (OPNAV 5527/2).

The Department of the Navy Suspects Acknowledgement and Waiver of Rights form (Military, OPNAV 5527/3 and Civilian, OPNAV 5527/4) should be used to record suspect statements.

The requisite format for completing a Voluntary Statement and Acknowledgement and Waiver of Rights forms can be found in the Navy Law Enforcement Manual (OPNAVINST 5580.1) and the Report and Forms Preparation Guide for the Navy Security Force.

PREPARATION.- The statement or body of the statement is generally recorded using one of three accepted methods: narrative, question-and-answer, or a combination of narrative and question-and-answer.

The narrative method allows the interviewee/ person executing the statement to record the information in his or her own words as desired. That is ideal if the person is articulate and does not compile a mass of irrelevant information. The narrative is used more often with a complainant or witness than with a victim or suspect.

In the question-and-answer method, the investigator/interrogator can limit the information presented to that which is pertinent. Two disadvantages of using this method are (1) it is time-consuming for the investigato/interrogator and, (2) it may suppress some valuable information that might have been volunteered had the narrative method been used.

A combination of the above two methods normally produces the best results. The person being questioned is first allowed to tell his or her story and then the investigator/interrogator elicits specific information previously omitted. This method or the question-and-answer method is most often used when taking a statement from an accused or a suspect.

The last section of the Suspect's form is known as the affidavit. It acknowledges that the statement was given voluntarily, that mistakes have been corrected and that the number of pages contained in the statement have been verified. The investigator then administers an oath to the interviewee by stating, "Do you swear or affirm that the information given by you in this statement is true and correct to the best of your knowledge, so help you God?" If the interviewee objects of the use of "God," that word maybe deleted from the oath

After the interviewee has answered in the affirmative, the statement is signed by the interviewee, the interviewer, and a witness.

The statement is written in the first person. In addition to signing the statement, the maker initials the bottom of each page and all corrections. The last sentence of each statement will be "End of Statement."

If a mistake is made and noticed before another word is typed the word should have marks over each letter and a space thereafter for the interviewee's initials. The wrong word then, cannot be seen and will cause no doubt when and if the statement is introduced into court. If noticed after completion of the statement, the word is lined out, written properly above the mistake, and then initialed by the interviewee.

The Suspect's Acknowledgment and Waiver of Rights form should be filled out each time an accused or suspected person is questioned and when a witness becomes suspect. Initiation of this form begins when the interviewer/interrogator states his or her official position, the nature of the offense being investigated, and that the person being interviewed is now suspect or accused of a particular offense.

This information can be stated in the investigator's own words as long as the accused or suspected person understands. However, the rest of the Rights warning must be read word for word from the certificate form. By reading the form word for word, uniformity and completeness in the reading of the rights are ensured in each instance, leaving little doubt as to the voluntariness of any statements subsequently made by suspects.

This form can be carried by the investigator or agent to have the Waiver and Rights readily available for field use.

If a person does not wish to be questioned and/or wants lawyer counsel before questioning, make an appropriate entry on the form, indicating that the person either desires a lawyer or declines to be questioned or say anything.

If the person orally waives his or her rights but refuses to sign the waiver certificate, you may proceed with the questioning. Make notations on the waiver certificate to the effect that the person has stated that he or she understands his or her rights, does not want a lawyer, wants to discuss the offense(s) under investigation, and refuses to sign the waiver certificate.

In all cases, the waiver certificate must be completed as soon as possible. Every effort should be made to complete the waiver certificate before any questioning begins. If the waiver certificate cannot be completed at once, as in the case of street interrogation, completion may be temporarily postponed. Notes should be kept on the circumstances.

The most important thing to remember is to record all information and circumstances relevant to the reading of the rights and the responses of the accused or suspect.