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QUESTIONING A WITNESS / SUSPECT

In the event a crime has been committed and a description of the offender was given; if you then see that offender a few miles away but still are uncertain you as a law enforcement official are authorized to stop and question the subject to try and determine if said subject is your offender.

 

If the subject refuses to answer your questions or tries to walk away you as a law enforcement officer are allowed to DETAIN said subject for purpose of your investigation. If you are detaining the subject it would be wise to place them in handcuffs. You then inform them that they are not under arrest at this time but that you are detaining them for investigative purpose.

 

Detain: To keep from proceeding; delay. To keep in custody or confinement for no less then seventy-two (72) hours pertaining to an official police investigation.

 

To conduct an investigation into finding out if the subject you hold in detainment you can do a number of the follow steps:

  • You can hold a visual line up with the victim who could then make a positive match of the suspect.

  • You can inform the suspect that since you are detaining them that you will be conducting a pat search of their person to ensure officer safety. (You may find what was stolen on their person. You find weapons, drugs, so forth and so on.)

  • You may ask questions related to the incident and try and establish a time line on the subjects movements prior to and after said incident.The purpose of this is to determine if the subject is lying.

 

How to you determine if a subject is lying:

A human being regardless if a career criminal or common citizen can be determined to be lying with proper training. Movement of eyes, body language and stance. Heavy to shallow breathing. Changing of simple details. Forgetting what was said only moments ago and changing story afterwards are all determination of lying. Therefore probable cause can be established.

 

If you have determined that the subject you have detained is in fact the suspect that committed the crime then you can effectively arrest them.

 

If you do not already have them in handcuffs then do so. Inform them that they are being placed under arrest for...(state the crime that was committed and anything else that they may have committed such as resisting arrest or possession of weapon etc. etc.)...then you are to read them their miranda rights.

 

Miranda Rights:

You have the right to remain silent; anything you say can and will be used against you in a court of law. You have the right to have an attorney present before and during questioning. If you can not afford an attorney one will be appointed by the courts. Do you understand these rights as I have read them to you?

 

DO NOT forget to read the suspect their Miranda Rights or a defense lawyer could very well get all charges dropped.

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