1. Interview Interrogation Two way conversation Adversarial questioning
Accusatory

2. Interviews Conducted as soon as possible after an incident
Separate witnesses to avoid melding of their recollection of the event
The witness talks and you listen – carefully
Introduce yourself
Have pertinent info about the case or the reason for the questioning before you begin the interview
Know as much as you can about the person you are interviewing – if possible

3. Interview
Schedule a time if possible – make sure it is enough time for a complete interview
Video or audio recording is best – take notes only if you have to
Signed statement upon conclusion of interview
Interviewee places initials at beginning and end of each paragraph

4. Interrogation Miranda MCJA mandate to record custodial interrogations
“Record” includes…
Digital
Electronic
Audio
Video
Other recording equipment

5. Custodial Interrogation
A reasonable person would consider that person to be in custody in view of the circumstances
The person is asked a question by a LEO that is likely to elicit an incriminating response

6. Serious Crimes
At a minimum, all Class A,B and C crimes in: Chapter 9 - Offenses Against the Person
Chapter 11 – Sexual Assaults
Chapter 12 – Sexual Exploitation of Minors
Chapter 13 – Kidnapping and Criminal Restraint
Chapter 27 – Robbery
Of the Maine Criminal Code and all corresponding juvenile offenses

7. Recording Requirement Exceptions
Not feasible – including equipment malfunction
Spontaneous statements not in response to interrogation
Statements made in response to questions routinely asked during the booking process
Statements made during custodial interrogation when the investigator is unaware that a serious crime has occurred
When the person who is the subject of the interrogation refuses to have the interrogation recorded – in writing or on a recording

9. Suspect ID Show ups Photo Line up 99.9% of time – don’t do them
Suggestive
Photo Line up
Sequential – one at a time
Simultaneous – all at once
Blind administrator – person showing does not know who is the suspect
On a scale of one to ten….

10. Reports Notes – dated notebook
Retained if more than what goes into your report - discoverable
If all the info is in your report they can be destroyed
The person reading it wasn’t there – be descriptive

11. Reports
Concise –
Accurate – factual, grammar, spelling, phone numbers, DOB’s
Complete – elements of the crime
Unbiased
In chronological order
Based on….

12. Reports Witness statements – written by the officer
First person – I went to…
Explain abbreviations the first time they are used – Cumberland County Jail (CCJ)
Proofread
Your reports are how you build a reputation – good or bad

13. Report Wording Be careful in your wording Blood = red/brown stain
Jelly…

14. Court Preparation Presentation – honest, fair & competent
Study your reports prior to testimony
Know the case in sequence – but be ready to deviate from it also
Presentation – honest, fair & competent

15. Court Know your report & have 2 copies
Defense has a right to review what you are referring to
Review any transcripts from previous testimony (hearings or Grand Jury)

16. Court Grand Jury Pretrial interviews with prosecutor
Specific questions
Potential defense questions
Make them aware of any mistakes
Meetings with defense attorney
Review of evidence
Prosecutor must be aware
Pay attention to what they pay attention to

17. Court Testimony Sequestration order in effect Know the courtroom
Dress appropriately – no uniforms allowed in Superior Court
Refer to report if necessary – know if there are mistakes in that report
Listen to the question then look at the jury – look at the back row and scan
Multiple questions – “You’ve asked me several questions – which would you like me answer first?”

18. Court Be calm Think about how the jury is looking at you
You build a reputation with the judges and attorneys based on your testimony
Don’t use police lingo – use simple, conversational English
Answer what you’re asked – don’t volunteer anything else
You are educating the jury

19. Court
Be aware of demeanor and body language when completing direct examination and beginning cross examination
Don’t become argumentative or confrontational when speaking with the defense attorney
Listen to their questions carefully and clarify if necessary
DO NOT take it personally – they are trying to knock you off balance

20. Court More than a “yes” or “no” required…
Correct mistakes – with the permission of the judge
“To be honest with you…”
If the judge talks or an objection is made – stop talking
Overly friendly defense attorney = knife in the back
Prepare…Present…Leave

21. Mandatory Reporting of Officer’s Use of Deadly Force
Use of physical force that causes death or serious bodily injury
Use of physical force under circumstances that in fact create a substantial risk of causing death or serious bodily injury – even if they don’t result
Use of physical force when it is the officers intent to cause death or serious bodily injury – whether or not either actually occur

22. Mandatory Reporting of Officer’s Use of Deadly Force
The discharge of a firearm in the general direction of another person or at a moving vehicle; whether or not the projectile hits the person or vehicle
Less-lethal not necessary to report
Pointing – even loaded & cocked – not necessary to report
Ramming an occupied vehicle
A roadblock set up to terminate a pursuit when a risk of causing death or serious bodily injury to the fleeing vehicle AND results in either

23. Use of Force in Defense of Premises
A Person
In possession or control
Or licensed or privileged
Of a premise
Includes land, private ways and any buildings thereon
May use non-deadly force
Necessary to prevent or terminate criminal trespass

24. Use of Force in Defense of Premises
A Person
In possession or control
Or licensed or privileged
May use deadly force
To prevent arson
In defense of a person
Within a dwelling place
To prevent criminal trespass
To prevent the commission of a crime
Must demand the trespasser cease
Unless doing so would be dangerous

25. Physical Force in Defense of a Person
A person may use a reasonable degree of non-deadly force
To defend themselves or a third party from
A reasonable belief of the imminent use of unlawful, non-deadly force
Except:
When the person provoked
Unless the person withdrew and communicated that intent
The force was a product of agreed combat

26. Physical Force in Defense of a Person
A person is justified in using deadly force upon another person
When that person reasonably believes it necessary and reasonably believes such other person:
Is about to use unlawful, deadly force against the person or a 3rd person
Is (or is about to) commit kidnapping or robbery against the person or a 3rd person
Has entered a dwelling place (without consent or authorization) and deadly force is necessary to prevent bodily injury upon the person or a 3rd person

27. Physical Force in Law Enforcement
A LEO is justified in using a reasonable degree of non-deadly force
To affect an arrest or prevent escape (reasonable belief)
In self-defense or defense of a 3rd person (reasonable belief)
A LEO is justified in using deadly force only when the LEO reasonably believes it’s necessary
Self-defense or defense of a 3rd person from the reasonable belief of the imminent use of unlawful deadly force

28. Non-deadly Force by LEO
Degree of non-deadly force must be reasonable
Reasonable scene not in hindsight
Officer must reasonably believe that non-deadly force is necessary to make an arrest or prevent escape
If the officer knows the arrest or detention is illegal – NO force is justified

29. Physical Force in Law Enforcement
A LEO is justified in using deadly force only when the LEO reasonably believes it’s necessary
To prevent the escape from arrest of a person
Who’s committed a dangerous crime
And who’s failure to apprehend is likely to result in more violence
The LEO must make a reasonable attempt to warn
The LEO reasonably believes the escapee knows the LEO is attempting to prevent the escape

30. Parker v. Gerrish (2008)
Court upholds jury verdict of $111k for use of excessive force
Parker stopped for OUI – overall compliant
3 officers on scene
Tased after not immediately unclasping his wrist after one wrist was handcuffed
Court decides based on:
Seriousness of the offense
Didn’t pose an immediate threat to officer safety
Not actively resisting or attempting to flee

31. 21 Foot Rule “How CLOSE is TOO CLOSE?”
March 1983 issue of SWAT Magazine
Shooter and runner stand back to back
Runner breaks free and runs away
Upon sensing movement the shooter turns to shoot

32. 21 Foot Rule 21 feet is a conservative distance
Assumes first shot is on target – not always the case
Diagonal movement more effective
Practice…practice…practice