Private Investigator Basics: Interviewing

Introduction to Interviewing

Private investigators conduct interviews with a variety of individuals, including plaintiffs, defendants, witnesses, victims, suspects, subjects of background investigations, and experts. Interviewing is a fundamental skill in the investigative process, serving as a means of gathering facts that can become testimonial evidence in legal proceedings.

What Is Interviewing?

Interviewing involves collecting factual information from people. The details obtained during interviews may be used as testimonial evidence, which can play a critical role in building or defending a case.

Investigations That Require Interviews

• Theft
• Missing persons
• Background investigations
• Situations requiring expert assistance

Why Conduct Interviews?

Interviews are essential for reconstructing crimes or events, gathering evidence, identifying leads, clarifying facts, and determining what truly happened. They help investigators piece together the sequence of events and develop a more complete understanding of the case.

Preparing for an Interview

Preparation is crucial to a successful interview. Investigators should create a prioritized list of witnesses, placing major witnesses at the top. Before conducting an interview, the investigator must be familiar with any statements the witness has given to authorities and understand the facts of the case.

Researching the Interview Subject

Before the interview, investigators should perform thorough records research and a background check on the subject. Knowing basic information—such as the subject’s relationship to participants in the event, whether they wear glasses, and if they have a criminal record—can help the investigator approach the interview more effectively.

Anticipating the Subject’s Needs

Each interview subject may have unique needs depending on the case. In criminal defense investigations, witnesses may fear retaliation or have concerns about cooperating with the defense. Friends or relatives of crime victims may be reluctant to speak. Investigators must be prepared to address these challenges, especially when talking to victims who may be angry or distressed, and work to help them share their account of events.

Documenting the Interview

It is important to take notes during or immediately after each interview. Notes can be handwritten, recorded on audio devices, or captured on video if the subject consents. Building rapport and ensuring the subject feels comfortable are key to obtaining permission for recording. If a subject provides an especially helpful or exculpatory statement, investigators should request to record it for accuracy.

Essential Interviewing Skills for Investigators

Setting Up the Interview

Whenever possible, investigators should schedule interviews in advance with cooperative witnesses. If advance scheduling is not feasible, unscheduled visits may be necessary to reach potential interview subjects.

Engaging in Active Listening

Investigators should follow the 80/20 rule: the interview subject should speak 80% of the time, while the interviewer speaks 20%. Active listening encourages information flow and shows the subject that their statements are being heard. Investigators should paraphrase or summarize what the subject has said to confirm understanding and encourage further communication.

Building Rapport

Establishing rapport is crucial for gaining the trust of interview subjects and encouraging them to open up. Investigators can build rapport through small talk and by finding common ground. An open communication channel is essential for obtaining information and allowing for possible follow-up interviews.

Recognizing Truth Versus Deception

Investigators should start with closed questions, then gradually transition to open-ended questions that require thoughtful responses. Initial questions should cover basic background information that the investigator already knows, allowing observation of the subject’s behavior when answering truthfully. Later, changes in vocal tone, speech patterns, and facial expressions may indicate shifts from truthful responses to possible deception.

Interpreting Non-Verbal Communication

Experience helps private investigators focus on non-verbal cues. Generally, innocent people can be reassured, while guilty individuals may exhibit nervous behaviors—such as clenched fists, a reddening face, bulging veins, or loss of eye contact. These cues can help distinguish between truth and deception during interviews.

Finalizing and Following Up on Interviews

After an Interview: Finalizing Notes

Investigators must finalize their notes or transcribe recordings to create a permanent record of the interview. Reports should include the date and time, duration, location, and attendees, as well as a summary of information obtained. Recorded interviews should be documented verbatim, and all notes retained until the matter is resolved.

Follow-Up Interviews

If initial interviews do not yield enough information, investigators may need to conduct follow-up interviews. Building rapport over time can help witnesses become more forthcoming. Investigators should document narratives, have subjects review and sign off on them, and revisit subjects if inconsistencies arise or if additional documentary evidence is required.

New Leads

Interview subjects may provide leads to additional potential witnesses not previously identified. Investigators should pursue these leads by conducting background research, contacting new subjects, and scheduling interviews, following the same procedures as for the initial interviews.

Conclusion

Interviewing is essential in investigations because it provides verbal confirmation of events. In cases involving a single occurrence, interview subjects may be the only witnesses to what happened. Their statements, known as testimonial evidence, are invaluable in court, especially when supported by documentary evidence gathered through research.

Brian Blackwell Investigations | Harrisburg, PA
https://www.brianblackwell.biz