Detective Interview Flashcards
(84 cards)
Why do you want to be a Detective?
Why:
The process of pursuing leads, documenting my process, and bringing criminals to justice as part of a team is very engaging for me.
CID is a well-oiled team, of very talented detectives, who work very well together making a huge impact in the safety of our community.
I have a high level of motivation and personal drive;
I am a dedicated team player, and
I believe strongly in the importance of teamwork;
I have a littel bit of experience working investigations; and I want to be a member of this team.
What have you done to prepare?
What:
I always make it a point to conduct follow-up investigations to pursue any apparent leads, consulting with detectives along the way for assistance, guidance, and suggestions.
Many of my best investigative cases have stemmed from initial reports taken by other deputies.
I have written and executed over 30 search warrants in San Luis Obispo, Santa Barbara, and Ventura counties.
I have coordinated, and executed, operations with outside agencies, recovered tens of thousands of dollars in stolen property from as far away as the East Coast.
I have recovered stolen funds, stolen and illegal firearms, evidence of felony crimes, and I have brought suspects to justice.
I have established a very good reputation with the DA’s Office for well-written reports, solid investigations, and successful prosecutions.
Closing
Highly SELF-MOTIVATED, DEDICATED LOYAL and RELIABLE team player
Write very solid investigations, document my investigative process
Have an excellent reputation with the DA’s Office
Have a proven record of successful investigations, well outside the scope of typical patrol responsibilities;
If you give me the opportunity, I will be a COMMITTED, DEDICATED, and RELIABLE asset to CID
Space holder
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Space holder
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SPACE HOLDER
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SPACE HOLDER
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OIS
Officer involved shooting, you are the lead Detective; what are your protocols, how do you proceed, and what are your concerns?
OIS Follow checklist;
Take care of our personnel’s needs;
Get them sequestered;
Get their support person and representative;
Preservation of the scene;
Forensics;
S&T to Pull any video;
ID witnesses;
Interview the witnessing deputies/officers as witnesses;
Interview shooting deputies/officers last;
Canvass for witnesses and video/pics, interview
Interview AMR/Fire personnel;
Dispatch tapes and call logs;
Coban/body cameras/audio recorders;
Coroner’s for any deceased;
PIO for media and Social media;
If deputy/officer invokes, they can still be interviewed by AIT but CID is not involved. AIT interview cannot be used in a county criminal trial but is admissible in a federal civil rights case.
SPACE HOLDER
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SPACE HOLDER
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SPACE HOLDER
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PC to arrest 15 year old homicide suspect; what are your protocols, how do you proceed, and what are your concerns?
SB395 (AKA 625.6 W&I)
Officers cannot conduct custodial interrogation of any minor aged 15 years or younger until they have consulted with legal counsel.
Exception: Exigency–> to protect life or property from immanent threat
**Workaround: Phone calls are not considered custodial in nature**
625 W&I:
Whenever a juvenile is taken into custody, they shall be advised of their Miranda Rights regardless of intent to question or not.
What is the four-prong test to determine the curtilage of a home?
- Proximity to the home
- Whether area is in an enclosure surrounding the home
- Nature and uses of the area
- Steps taken to conceal the area from public view
When is compliance with Ramey-Payton-Steagald required?
- Location is a home or other structure in which the occupants have a reasonable expectation of privacy
- Officers physically enter the structure
- Officers entered with the intent to immediately arrest an occupant
What are the court cases that support valid arrests “at the doorway,” which are not a violation or Ramey-Peyton-Steagald?What are the three valid arrests “At the threshold,” which do not violate Ramey-Payton-Steagald?What are options if suspect opens the door and then flees into the residence?
US vs Santana - At the doorway
US vs Vaneaton - Just inside the doorway
- Outside the doorway: Asking arrestee to exit, trickery, ruses and orders to exit are acceptable
- At the doorway: With the door wide open, one step forward would place them outside, and one step back into the vestibule; they are fully exposed to public view, speech, hearing, and touch (US vs Santana); if suspect flees inside, officers may pursue (hot pursuit)
- Just inside the doorway:
A. Arrestee voluntarily opened the door
B. Opened the door widely exposing them to public view, speech, hearing, and touch
C. Knew or reasonably should have known callers were officers (ex: announced when knocking); May reach in and arrest (9th Circuit, US vs Vaneaton)
What is Oliver vs United States?
Open Fields Doctrine:
Expectation of privacy does not extend to open fields; fences and “No Trespassing” signs do not bar public view and do not create a reasonable expectation of privacy; the Fourth Amendment does not apply
What is 625 W&I?
Whenever a juvenile is taken into custody, they shall be advised of their Miranda Rights regardless of intent to question or not.
Per CalECPA / SB178 / 1546.1 PC when may an officer physically or electronically access data on a device?
- Consent; must be express and directly to the officer accessing the device
- Found device; only to identify the owner
- Exigent circumstances
- Search Warrant
- Wiretap order
- Possibly as an express condition of probation (agreement with judge during sentencing; Parole searches are statutory-based and no consent is given–> Invalid for parole searches)
What is the timeframe for notification to Child Welfare Services regarding suspected child abuse?
- Immediately or as soon as practical by phone, and
- Follow-up by faxing SCAR report within 36 hours
Can you seize suspect property that has already been booked into jail property without a warrant?What are the case laws supporting this?
Yes, provided the property was searched, viewed, or seen during the unobjectionable booking inventory.
The evidentiary value does not need to be immediately known or recognized A “second look” at potential evidence does not require a warrantUS vs Edwards, US vs Grill, US vs Thompson
What is the significance of SB395 / 625.6 W&I?
Officers cannot conduct custodial interrogation of any minor aged 15 years or younger until they have consulted with legal counsel.
Exception: Exigency–> to protect life or property from immanent threat
**Workaround: Phone calls are not considered custodial in nature**
Can Officers re-contact and question a suspect who previously invoked the right to remain silent?
Yes, per Michigan vs Mosley. The courts have consistently ruled there are five requirements:
(1) Interrogation immediately ceased: When the suspect invoked, the officers immediately stopped interrogating him.
(2) No coaxing: The officers did not pressure or otherwise coax the suspect into changing his mind about invoking.
(3) Time lapse: The officers waited a “significant period of time” before recontacting the suspect (minimum two hours)
(4) No pressure: When officers recontacted the suspect, they did not attempt to persuade the suspect to talk.
(5) Waiver: The officers did not begin questioning him until he waived his Miranda rights.
What are the permissible questions to ask of the shooting officer in an OIS?
- Number and direction of rounds fired
- Number and description of suspect(s) and suspect vehicle(s); for outstanding suspects include direction(s) of travel and any injuries to suspect(s)
- Any weapons possessed by outstanding suspects; any shots fired by suspects and directions
- What, if any, medical aid has been requested or administered
Name several types of searches that would be exceptions to the search warrant requirement.
- Plain View
- Open Fields
- Consent
- Probation / Parole
- Pat-Down/Terry Frisk (Terry vs Ohio)
- Vehicle searches
- Vehicle storage inventory
- Exigent Circumstances (check the welfare)
- Incident to arrest / booking
- Chimel (lunging distance in home)
- Protective Sweep