Scenario
You just received confirmation from the coroner of your belief that the death of Mathew R. Brewster is indeed a homicide - it is no big revelation as there was no weapon found at the crime scene. During the initial investigation, you were only able to interview tenants of the building who mentioned seeing the victim and some unknown visitors, but none of them were home during the suspected time of the murder as determined by the coroner.
Fortunately, persons of interest have been identified. How do you uncover more information inclusive of interviewing these persons of interest?
Gathering Information
You continue gathering information by revisiting the crime scene and utilizing available resources commonly used by the police.
Interview
A potential suspect,19-year-old Vanessa Montros, has been identified and agreed to be interviewed at the station… which interview model will you employ? What questions will you ask?
Interrogation
Based on the answers gained from your initial interview and other information, you feel that Ms. Montros should now be interrogated. She has become defensive and wary of the process - at times belligerent, but she has not asked for a lawyer and continues to cooperate. You need to decide how you are going to legally conduct the interrogation. What approach is likely to be the most effective in garnering further information? Does the suspect need to be Mirandized? Why or why not?
Arrest
Imagine, that days later you go to Ms. Montros' home to ask her some additional questions. She answers the door and steps outside to talk - leaving the door open behind her. The discussion escalates and soon she is fed up with talking to you. In a fit, she pushes one of your fellow officers. You respond by arresting her. Your gut tells you that she is the killer and there is damning evidence of it to be found in her house. Can you legally enter and search the house?
Instructions
Consider the developing scenario and do the following in 3-4 pages:
Gathering Information
Describe the next steps that you would take on a scene that would be effective in identifying additional witnesses and evidence. Include police resources that should be consulted or utilized to further the investigation at this point.
Interview
Choose and justify an appropriate interview model (from the course text) and pose 5 revealing questions that you would ask the suspect that directly reflect it.
Interrogation
Explain 2 circumstances under which this suspect will need to be Mirandized.
Full Answer Section
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- Utilize community policing strategies to engage with the community and encourage them to come forward with any information.
- Social Media Investigation:
- Analyze the social media profiles of the victim and potential suspects to identify any relevant information, such as online conversations, posts, or photos.
- Use digital forensics tools to extract data from electronic devices.
- Surveillance and Surveillance Teams:
- Conduct surveillance on identified persons of interest to gather information on their activities and potential connections to the crime.
- Database Searches:
- Utilize law enforcement databases to check for any prior criminal history, traffic violations, or other relevant information about the persons of interest.
Interviewing Vanessa Montros
Interview Model: The Informational Interview
Given that Ms. Montros has agreed to the interview voluntarily and is not considered a suspect at this stage, the informational interview model is appropriate. This approach focuses on gathering information and building rapport with the interviewee.
Potential Questions:
- Alibi: "Can you provide an alibi for the time of the murder? Where were you and who were you with?"
- Victim's Relationship: "What was your relationship with the victim? Did you know him well?"
- Witness Accounts: "Have you seen or heard anything suspicious in the area around the time of the murder?"
- Conflicts or Disagreements: "Did you have any arguments or disagreements with the victim recently?"
- Suspicions: "Is there anyone else you suspect might be involved in the murder?"
Interrogation of Vanessa Montros
Miranda Rights:
A suspect must be Mirandized before custodial interrogation. Custodial interrogation occurs when a person is deprived of their freedom in a significant way, such as being arrested or detained.
Potential Scenarios Requiring Miranda Warnings:
- Formal Arrest: If Ms. Montros is formally arrested, she must be Mirandized before any interrogation.
- Functional Equivalent of Arrest: If Ms. Montros is subjected to questioning in a coercive environment, such as a police station, and is not free to leave, she should be Mirandized.
Interrogation Techniques:
Since Ms. Montros has become defensive and wary, a more empathetic and persuasive approach may be effective. The following techniques could be considered:
- Rapport Building: Establishing rapport can help to build trust and encourage cooperation.
- Active Listening: Paying close attention to the suspect's responses and asking follow-up questions can help to gather more information.
- Minimization: Downplaying the seriousness of the offense or suggesting that the suspect may have been coerced or influenced by others.
- Maximization: Exaggerating the evidence against the suspect or suggesting that they may face harsher penalties if they do not cooperate.
It is important to note that interrogation techniques must be used ethically and legally, and excessive force or coercion should never be employed.
Entering Ms. Montros' Home
In this scenario, the police officer cannot legally enter and search Ms. Montros' home without a warrant. While the open door may seem like an invitation, it is not sufficient grounds for a warrantless search. To obtain a warrant, the police would need probable cause, which could be established through additional evidence or information.