SUBCOURSE EDITION MP0018 C

MILITARY POLICE INVESTIGATIONS

MILITARY POLICE INVESTIGATIONS

Subcourse Number MP0018

EDITION C

United States Army Military Police School Fort McClellan, Alabama 36205-5030

9 Credit Hours

Edition Date: August 1994

SUBCOURSE OVERVIEW All major US Army installations throughout the world have an Office of the Provost Marshal or a Provost Marshal Division which is responsible for active law enforcement operations within the installation. One vital part of the Provost Marshal Division is the Military Police Investigations Section. The Military Police Investigator (MPI) is the major topic in this subcourse. However, before we go into the subcourse lessons, you must know certain facts. These are the policies and procedures for the selection, training, and use of the MPIs. The rest of this introduction will give you that knowledge. 1. SELECTION. MPIs will normally be chosen by the post provost marshal, or by the commander responsible for law enforcement operations. Personnel selected to become MPIs must have primary MOS 95B. a. All personnel chosen will meet these minimum criteria: (1) They will be US citizens. (2) They will be in pay grade E3 through E7. (3) They will possess above average intelligence, maturity, and judgment. (4) They will be cleared for access to SECRET national defense information. (5) They will also be free of any record of civil or military convictions for (other than minor traffic violations) multiple or repeated arrests. They will be free of any record of juvenile misconduct, financial irresponsibility, or other conduct or behavior not contributing to the best interests of Army law enforcement. Evidence of such background will be established by a screening of the candidate through the Crime Records Directorate, US Army Criminal Investigation Command (CRD, USACIDC). i MP0018

(6) They will have at least one year of service left at the time of selection, or show an intent to remain on active duty at the end of the current term. b. Selection of personnel who did not qualify before as MP is discouraged. However, personnel with proper civilian skills, or other unique qualifications, may be allowed lateral entry. c. Personnel dismissed in the past by an investigative agency for misconduct will not be chosen as MPIs. Personnel not chosen before by any investigative agency will be carefully evaluated. They will not be chosen as MPIs, however, if the prior nonselection was the result of misconduct or prior police record. Neither will they be chosen if a background investigation revealed damaging information. 2. TRAINING. a. Persons chosen as an MPI will complete one of the following before being awarded the additional skill identifier (ASI) V5 (MPI) and receiving credentials: (1) They will complete and pass a formal course of instruction derived from the internal resources of a major Army command. Such command must be one authorized to award ASI V5 to MPIs. (2) They will reach a high level of skill in basic investigative techniques. They will do this through on-the-job training (OJT) under the close supervision of the operating provost marshal. When the ASI V5 is awarded in this way, high technical standards will be maintained. In addition, personnel trained in this way should attend formal courses of instruction at the earliest time possible. b. MPI should be encouraged to join in related investigative functions and training and to enroll in related correspondence courses. However, successful completion of these courses will NOT automatically qualify an individual for award of the ASI V5. c. Award of ASI V5 will be done in proper orders by authorized commanders. Award will be made only on the advice of the supervising provost marshal. 3. CREDENTIALS. a. The only authorized credentials for MPI are DA Forms 3837 and 3837-1 (Figure i-1). Reproduction of MPI credentials or use of locally made identification documents is forbidden. b. Credentials will be issued for a period not to exceed 24 calendar months from the date of issue. Subordinate commanders may specify issue for periods of less duration, if appropriate to the needs of their commands. MP0018 ii

FIGURE i-1. MPI CREDENTIALS

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c. The phrase "EXPIRATION DATE" will be typed clearly on the face of the DA Form 3837-1, directly below letters "MPI." The expiration date itself is typed directly below the words "EXPIRATION DATE." If appropriate, expired credentials will be replaced by the issue of new ones. 4. EMPLOYMENT. a. MPI normally will be used for the following duties: (1) They will investigate offenses for which the maximum punishment is confinement at hard labor for less than one year. (2) They will investigate offenses involving larcenies of property valued at less than $1000. These are those offenses not involving another major crime and those cases where the stolen property is not of a sensitive nature. Such property would include firearms, ammunition, or controlled substances. (3) They will investigate offenses involving the use and/or possession of non-narcotic controlled substances (marijuana and other derivatives of the cannabis sativa plant; dangerous drugs such as hallucinogens, amphetamines, and barbiturates). MPI will investigate only when the amount involved is enough only for personal use. Such a small amount would not indicate intent to supply other persons. (4) They will prevent crimes outlined in paragraphs (1), (2), and (3), above. b. Nothing in paragraph a, above, is meant to replace or cancel duties of USACIDC. When necessary to further Army law enforcement, crime prevention, or investigative goals, this command may still assume responsibility for investigating any criminal offense or incident. c. Steps will be developed to ensure cooperation and support between MPI and USACIDC elements at each investigative level. However, MPI and CID personnel will remain under the command and control of their respective commanders at all times. (1) When concerned commanders agree, MPI may aid CID whenever CID elements take over responsibility for an investigation. (2) When asked by a CID field office commander or the special agent in charge of a resident agency, a supported commander may provide MPI aid to CID. He or she may do so on a case-by-case basis or for a limited period of time. (3) If agreed to by the proper CID commander, CID personnel may be named to aid MPI on a case-by-case basis without taking control of the investigation. MP0018 iv

d. Paragraphs b and c, above, point out the cooperation between MPI and CID personnel. They also establish between the two agencies, the interface needed for effective law enforcement and crime prevention. 5. WITHDRAWAL OF ASI V5 AND MPI CREDENTIALS. a. When determined that a person is no longer qualified to perform the duties of MPI, the operating provost marshal will advise the appropriate commander that ASI V5 be withdrawn. The provost marshal will also recommend that the person concerned be removed from the MPI program. Positive action will be taken to ensure that the necessary notes are made in field files and recorded in the individuals 201 file to reflect the withdrawal of ASI V5. Any of the following may be used as a basis for withdrawal of ASI V5: (1) Inefficiency. (2) Indiscretion, disaffection, breach of discipline, or abuse of privilege. (3) Financial irresponsibility. (4) Demonstrated lack of character or moral integrity necessary for proper performance of investigative duties. (5) Failure to secure or account for evidence. (6) Mental disorder (verified by competent medical authority). (7) Failure to successfully complete a formal course of instruction for MPI. (8) Loss of credentials through neglect. (9) Revocation or denial of security clearance. (10) Any other conduct that adversely affects the person's continued performance of investigative duties. b. The MPI credentials will be withdrawn for causes as shown in paragraph 5a(1) - (10), above. Withdrawal for cause is permanent and the credentials will be destroyed. c. Credentials will also be withdrawn permanently when the investigator leaves the installation on PCS orders or is assigned to other duties. d. The credentials will be withdrawn temporarily during the conduct of an investigation involving the MPI concerned. Such investigation may end in withdrawal for cause. This might occur during long authorized absences such as leave, TDY, or hospitalization. v MP0018

You now know the policies and procedures for becoming an MPI. You also know how persons may be withdrawn from the MPI program. In the event you are now an MPI, or a line MP with hope of becoming an investigator, the following lessons will be of aid to you in becoming a competent MPI. There are no prerequisites for this subcourse. This subcourse reflects the doctrine which was current at the time it was prepared. In your own work situation, always refer to the latest official publications. Unless otherwise stated, the masculine gender of singular pronouns is used to refer to both men and women. TERMINAL LEARNING OBJECTIVE: ACTION: You will identify the procedures for conducting interviews and

interrogations, protecting and processing a crime scene, preparing and evaluating investigation reports and testifying in court?

CONDITION: You will have access to this subcourse, paper and pencil. STANDARD: To demonstrate competency of these tasks, you must receive a minimum of

70 percent on the subcourse examination. MP0018 vi

TABLE OF CONTENTS Section Page Subcourse Overview.................................................................i Lesson 1: Police Interviews and Interrogations ................................1-1 Part A: Definitions..............................................1-2 Part B: Uses of Interviews and Interrogations ...................1-2 Part C: Preliminary Preparations.................................1-3 Part D: Rights of a Person Being Questioned......................1-5 Part E: Persons Commonly Interviewed and Interrogated...........1-10 Part F: Distracting Persons ....................................1-11 Part G: Reliability of Information..............................1-11 Part H: Witness to Interviews and Interrogations................1-13 Part I: Records.................................................1-13 Part J: The Interview ..........................................1-14 Part K: Interrogation ..........................................1-18 Part L: Interpreters............................................1-25 Part M: Written Statements......................................1-28 Practice Exercise ......................................1-37 Answer Key and Feedback.................................1-42 Lesson 2: Protection and Processing of the Crime Scene ........................2-1 Part A: The Scene ...............................................2-1 Part B: Protection of the Crime Scene............................2-2 Part C: Processing the Crime Scene...............................2-3 Part D: Investigative Notes .....................................2-5 vii MP0018

Section Page Part E: Recording the Crime Scene................................2-6 Part F: Sketches................................................2-23 Practice Exercise ......................................2-48 Answer Key and Feedback.................................2-52 Lesson 3: Preparation and Evaluation of Military Police Investigation Reports..............................................................3-1 Part A: The Elements of a Crime..................................3-2 Part B: Use of the Manual for Courts-Martial.....................3-3 Part C: Reporting Incidents......................................3-5 Part D: Military Police Report (DA Form 3975) General............3-5 Part E: Instructions for Completing DA Form 3975 as Used By MPI...................................................3-7 Practice Exercise.......................................3-21 Answer Key and Feedback.................................3-24 Lesson 4: Testifying in Court .................................................4-1 Part A: Pretrial Responsibilities................................4-2 Part B: Testifying...............................................4-2 Part C: Courtroom Procedures and Rules of Evidence...............4-2 Part D: Court Visits.............................................4-3 Part E: Common Tactics of Cross-Examination......................4-3 Practice Exercise........................................4-7 Answer Key and Feedback.................................4-10 MP0018 viii

LESSON 1

POLICE INTERVIEWS AND INTERROGATIONS Critical Tasks: 191-390-0129 191-390-0131 191-390-0132 191-390-0133

OVERVIEW LESSON DESCRIPTION: In this lesson you will learn to interview witnesses and victims, conduct rights warning procedures, interrogate suspects and obtain sworn statements. TERMINAL LEARNING OBJECTIVE: ACTION: Conduct interviews and interrogations and obtain acceptable oral or

written statements and confessions. CONDITION: You will have this subcourse, pencil, and paper. STANDARD: You must earn a score of 70 percent on the final subcourse

examination. REFERENCES: The material contained in this lesson was derived from the following

publications: FM 19-20, STP 19-95D15-SM, AR 190-30, and CIDR 195-1.

INTRODUCTION

Communication between persons is the mainstay of the MPI's job. Through it, he learns what happened before his arrival; through it, he answers the basic questions of every investigation, the who?, what?, where?, when?, why?, and how?; and through it, he passes on that knowledge to others who need to know. To get information, the investigator must know the techniques of interview and interrogation in this lesson. The MPI, because of his absence when the incident occurred, must rely on others to tell him what happened. He must use the spoken word if he is to effectively question those persons with knowledge of the incident. The collection and evaluation of evidence is a vital part of the job. Without communication, however, the physical evidence has little or no practical value. It is only through communication with those connected with the incident that the MPI learns the meaning of such evidence. For an MPI to be effective in communications with others, he must be able to 1-1 MP0018

devise and use effective questioning techniques. He must also communicate effectively with people. He must be an accurate, objective listener. For the MPI to develop such skills, he must learn the basic principles involved in interviews and interrogations, the techniques used by skilled investigators and do a self-evaluation after each interview/interrogation. Development of basic understandings and attitudes must precede developing skills of interviewing and interrogating.

PART A - DEFINITIONS. In order to have a common understanding of terms, the following definitions will apply throughout this lesson. a. Interview - the questioning of a person who has or is believed to have information of official interest to the investigator. The person interviewed usually gives, in his own manner and words, his account of an incident under investigation. He may also offer information about a person being interviewed. b. Interrogation - the questioning of a suspect. It could be the questioning of a person who is reluctant to make a full disclosure of information important to an investigation. c. Admission - a self-incriminating statement that falls short of a confession of guilt. d. Confession - a complete acknowledgement of guilt. e. Statement - a written or oral statement of facts obtained from anyone during an investigation.

PART B - USES OF INTERVIEWS AND INTERROGATIONS. a. The questioning of criminal suspects, witnesses, victims, and informants makes up a major part of the investigative effort. In some cases physical evidence is entirely absent, and the only approach to a solution of the crime is the interview or interrogation of those who have information. Most of our serious crimes would remain unsolved if it were not for the investigative leads developed and the proof of guilt established through interviews and interrogations. b. An interview or interrogation is conducted in order to: (1) Gain information to establish the facts of the crime. (2) Verify the facts of a crime. (a) Support or disprove statements. (b) Link evidence to what occurred and to a suspect. MP0018 1-2

(3) Identify the criminal. (4) Identify accomplices. (5) Identify additional witnesses. (6) Secure additional evidence. (7) Recover the fruits of a crime. (8) Locate tools of a crime. (9) Eliminate suspects.

PART C - PRELIMINARY PREPARATIONS. a. The Interview and Interrogation Room. The provost marshal should provide a suitable room in which to conduct interviews and interrogations. However, it is the investigator's responsibility to ensure that the room is properly prepared before conducting the interview or interrogation. When it is not possible to use this room, he must ensure that the location chosen and the physical surroundings are the best available. In selecting a room or location for interviews or interrogations, the following considerations should be taken into account: (1) Privacy is the main psychological factor contributing to a successful interview or interrogation. It is human nature that people with problems find it easier to confide in another person alone rather than in the presence of a third party. (2) Room furnishings should be plain and comfortable. Pictures or other objects which would distract the attention of the person being questioned should be removed. (3) Windows, especially if they are barred, should have curtains. It is best if the room is windowless. (4) Lighting fixtures should provide good, but not excessive or glaring, light. (5) Telephones should be removed from the room. (6) An observation room should adjoin the interview and interrogation room. A two-way mirror and recording devices (in accordance with AR 381-17) and similar equipment should be provided. This way others can see and hear what occurs in the interrogation room. (7) Stenographic services should be readily available. (8) Any display of firearms, nightsticks, name signs, and wall plaques or slogans are distracting and inappropriate. 1-3 MP0018

(9) The seats should be arranged so that the investigator can reach out and touch the suspect. Tables, desks, or other pieces of furniture should not be between them. These offer the individual a psychological barrier to hide behind. b. MPI Preparation. Before any meeting or contact with the subject, prepare yourself for the interview or interrogation. Become thoroughly familiar with all the known facts of the incident under investigation. Interview the desk sergeant, other MPs, or anyone else who may have some knowledge of the initial complaint. Any oral, written, or recorded statements made by the subject, victim, witness, or complainant must be read and carefully considered. Visit the scene of the alleged incident and become familiar with the surroundings, even if the investigation does not require crime scene processing. Learn what information has been discussed in front of the suspect. Become familiar with the backgrounds of the persons involved, especially the suspect. Personal background information should include: (1) Age, date of birth, place of birth, race, and nationality. (2) Military rank or civilian status; social security number. (3) Present and former occupations. (4) Educational level attained. (5) Habits, hobbies, and associates. (6) Record of trials or police arrests, military and civilian. (7) CRC (Criminal Records Center) check, if possible. c. Become familiar with the case and the relationship of the subject with the case. Also, know the background information relating to all persons involved. This knowledge creates a definite advantage in your favor for the following reasons: (1) It helps you to know if the individual is lying. (2) It aids you in deciding the questioning techniques or tactics which are most likely to be effective. (3) It enables you to more readily engage a reluctant person in conversation. (4) It will help you to maintain control during the interrogation. (5) It will keep you provided with enough material so that you won't "run out of gas." (6) It will enable you to ask important, probing questions. MP0018 1-4

d. Determine in advance what information to develop during questioning. If possible, prepare a list of specific questions to be asked, avoiding questions certain to get straight "yes" or "no" answers. Prepare questions such as: "What did you see?" rather than "Did you see the accident?" Questioning must be conducted on the basis of accurate information. Inadequate or faulty information will not impress the suspect; it will make him more confident of his lying. A suspect who is told that his fingerprints were found at the scene of the crime, when at the time he was wearing gloves, will be encouraged to lie. e. Legal Preparation. Legal preparation on military and civil laws that apply to the offense under investigation is a must before conducting an interview or an interrogation. Knowledge of these laws will enable you to recognize an incriminating statement. It will assist you, also, in evaluating the reliability of any statement made by a witness, victim, complainant, or suspect. Be acquainted with those portions of the Manual for Courts-Martial, 1984, that set forth requirements and tests for the admissibility of evidence. Be familiar with the specific acts which, when established, constitute the elements of proof of the crime alleged and under investigation. Know and avoid the specific actions and conditions that have been held by the courts to constitute duress. Seek constantly to protect the rights of persons involved in a case. Seek also to protect yourself from charges that might arise from your own misconduct. In addition, try to ensure that the information developed is complete and conforms to the general rules relating to the admissibility of evidence. In any case of doubt, contact the staff judge advocate.

PART D - RIGHTS OF A PERSON BEING QUESTIONED. a. Prior to questioning any person suspected or accused of any criminal offense, the following question should be asked prior to any rights advisements: "HAVE YOU BEEN ADVISED OF YOUR LEGAL RIGHTS AND REQUESTED A LAWYER WITHIN THE LAST 30 DAYS?" If the answer is "YES," the interrogator should ask, "WHEN AND WHERE?" and then notify defense counsel. If the answer is "NO," continue on with rights advisement and interrogation if suspect waives his rights. b. When about to question a person suspected or accused of a criminal offense, ensure that his rights are protected per Article 31, UCMJ and/or the Fifth Amendment to the US Constitution. The suspect or accused is also entitled to counsel, as provided by the Sixth Amendment to the US Constitution. c. Before a statement can be used against an accused in court, it must be shown that the rights of the accused were protected. It must also be shown that the statement(s) were freely and voluntarily given and that the accused was warned of his rights. In addition, it must be shown that he understood the warning and that he waived those rights. To ensure a person's rights are protected, the following procedures will be followed: (1) Warning. Before any questioning, tell the suspect or accused of: 1-5 MP0018

(a) Your official position. (b) Nature of offense(s) (c) The fact that he or she is a suspect or accused. (2) Rights. Advise the suspect or accused of his or her rights as follows: "Before I ask you any questions, you must understand your rights." (a) "You do not have to answer my questions or say anything." (b) "Anything you say or do can be used as evidence against you in a criminal trial." (c) (For personnel subject to the UCMJ) "You have the right to talk privately to a lawyer before, during, and after questioning and to have a lawyer present with you during questioning. This lawyer can be a civilian you arrange for at no expense to the government or a military lawyer detailed for you at no expense to you, or both." (For civilians not subject to the UCMJ) "You have the right to talk privately to a lawyer before, during, and after questioning and to have a lawyer present with you during questioning. However, you must make your own arrangements to obtain a lawyer. This will be at no expense to the government. If you cannot afford to pay for a lawyer, one may be appointed to represent you." (d) "If you are now willing to discuss the offense(s) under investigation, with or without a lawyer present, you have a right to stop answering questions at any time. You also have the right to speak privately with a lawyer before answering further, even if you sign a waiver certificate. (3) Waiver/Non-Waiver. After the suspect or accused is advised of his or her rights, it must be determined whether the suspect or accused understands his or her rights and is able to freely, knowingly, and intelligently waive them. The suspect or accused then signs the waiver/nonwaiver portion of DA Form 3881, Rights Warning Procedure/Waiver Certificate (Figure 1-1). (a) "Do you understand your rights?" (If the suspect or accused says "no," determine what is not understood. If necessary, repeat the appropriate rights advisement. If the suspect or accused says "yes," ask the following question.) (b) "Do you want a lawyer at this time?" (If the suspect or accused says "yes," stop the questioning until he or she has a lawyer. If the suspect or accused says "no," ask him or her the following question.) (c) "At this time, are you willing to discuss the offense(s) under investigation and make a statement without talking to a lawyer and without having a lawyer present with you?" (If the suspect or accused says MP0018 1-6

"no," stop the interview and have him or her read and sign the non-waiver section of the waiver certificate.) (d) Special Instructions: 1. When suspect/accused refuses to sign the waiver certificate: If the suspect or accused orally waives his or her rights but refuses to sign the waiver certificate, you may proceed with the questioning. Make notations on the waiver certificate to the effect that he or she has stated that he or she understands his or her rights. Note: Write down also that he/she does not want a lawyer, wants to discuss the offense(s) under investigation, and refuses to sign the waiver certificate. 2. If waiver certificate cannot be completed immediately: In all cases the waiver must be finished as soon as possible. Every effort should be made to complete it before any questioning begins. If it cannot be finished at once, completion may be postponed. An example would be in the case of a street interrogation. Notes should be kept on the circumstances. 3. Prior Incriminating Statements: (a) Let us say that the suspect or accused has made spontaneous incriminating statements before being properly advised of his or her rights. He or she should be told that such statements do not obligate him or her to answer more questions. (b) If the suspect or accused was questioned as such either without being advised of his or her rights or some question exists as to the propriety of the first statement, the accused must be so advised. The office of the serving staff judge advocate should be contacted for aid in drafting the proper rights advisal. NOTE: If (a) or (b) applies, the fact that the suspect or accused was advised accordingly should be noted in the comment section on the waiver. -You should then have the suspect or accused initial your note. (e) The above warning must be given only to persons suspected or accused of an offense. There is no obligation to advise complainants, victims, or witnesses of their rights, unless circumstances indicate they have committed an offense. It is a poor investigative policy to advise persons other than suspects of their rights; it may tend to restrict the free flow of information. However, if during an interview the person being interviewed becomes a suspect in any criminal offense, the investigator must stop the questioning and give the above warning. (f) Only those persons subject to the UCMJ will be warned of their rights under Article 31. All other persons will be warned of their rights as provided by the Fifth and Sixth Amendments to the US Constitution. 1-7 MP0018

Figure 1-1. DA Form 3881, Rights Warning

Procedure/Waiver Certificate, Front MP0018 1-8

Figure 1-2. DA Form 3881, Reverse

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PART E - PERSONS COMMONLY INTERVIEWED AND INTERROGATED. During criminal investigations, you may need to question many types of persons. These may include victims, witnesses, informers, complainants, and accusers. a. Victims. A victim is normally interviewed to develop the facts of an incident. This interview may take place in a hospital, at the home of the victim, or at another location not of the investigator's choosing. A victim is not always a reliable or helpful witness. This is sometimes due to fear of some form of revenge by the perpetrator or his associates. It could also be due to a state of mental or physical shock or poor memory. An unreliable or cooperative victim may be afraid of involvement of relatives or friends or of publicity. On the other hand, a victim may be too eager to please. He may attempt, therefore, to cooperate by exaggerating and distorting facts. It may be necessary to interview a victim several times before all facts are correctly disclosed. Occasionally, it is necessary to interrogate a victim. Victims commonly inflate values of property to obtain a larger claim. Also, victims may attempt to hide their involvement in an offense. This is common in rape and homosexual investigations, and in drug-related offenses. b. Witnesses. A witness is a person, other than a suspect, who has information concerning an incident. A witness may also be the victim, complainant, or accuser who first called the MPs about the incident. A witness must be sought by the investigator when he does not come forward voluntarily to give his knowledge of the incident. A witness may be a person who saw the crime committed. He may be a person who can testify as to the actions and whereabouts of the accused at the time of the crime. He could be a person who knows facts or heard the accused say certain things that would tend to establish a motive for the crime. A witness may be a scientific specialist who examined the physical evidence and can give impartial testimony in court concerning such evidence. Also, the witness may be a person who by his knowledge of certain facts or events can add to the overall knowledge of the case. A witness is usually interviewed, but he may be interrogated when he is suspected of lying or of withholding important information. c. Informers. The success and efficiency of an investigation may depend, to some extent, on a person who, for one reason or another, furnishes information about a criminal. Informers are protected by the investigator, who often interviews such persons under conditions chosen by the informer. A written statement is generally not taken from an informer because of his reluctance to commit himself on paper or to appear in court. d. Complainants and Accusers. During an investigation, a person may report or accuse another person. The complainant or accuser is usually interviewed. In some cases, however, it may be desirable to interrogate an accuser or complainant who is suspected of lying or distortion. He might also be suspected of hiding the fact that he provoked the accused, or of attempting to divert suspicion from himself. When a complainant or accuser is suspected of any offense, he must be advised of his rights, as set forth in paragraph 5. MP0018 1-10

e. Others. Information is often needed that will give a clearer understanding of the motives and actions of persons involved in an incident. In getting such information, the investigator may interview persons who are acquainted with the victim, suspect, witness, or informer. The interview is normally done in the office, home, or place of business of such a person. Rarely does this interview turn into an interrogation.

PART F - DISTRACTING PERSONS. You may meet persons who have no real connection with a crime or have no knowledge of it; they may, however, give "information" to you. They may claim to be witnesses or victims, or even perpetrators. Despite the lack of any real basis for their statements, these persons should not be dismissed lightly. Listen to their stories. Weigh what they say regarding the known facts. Then take the proper action. These people can be classified as follows: a. Sensation or Publicity Seekers. Persons in this class are not often met during investigations. Some emotionally disturbed people, however, may appear as witnesses. They may claim to be victims or accomplices of suspects who have received a lot of publicity. Make every effort to handle them in a way that neither the investigation nor the reputation of the Armed Forces suffers. b. Grudge-Bearing and Lying Witnesses. Sometimes a person with no real knowledge of an incident may give information about, or claim to be a witness to, an incident. They may do so because of prior problems with an accused or suspect, or to settle an old score. A thorough knowledge of the known facts and details of the incident will often help you to see inconsistencies in the story of such a person. The testimony of such witnesses may closely parallel the accounts of the incident that have appeared in the press or that have circulated otherwise. Where the real motives of such a witness are not clear, all possible background information should be developed. Such knowledge will reveal the lies and the reasons for his statements. c. False Accusers. A false accuser may make a charge that later investigation will reveal as groundless. Sometimes such a charge will persist until a trial is conducted. A false charge is, at times, an exaggerated version of an actual less serious crime. It can also be made when no offense has been committed. False charges occur often in sex cases and are not uncommon in other crimes. A false charge may represent the sincere thinking of the victim, however wrong. 'Or it may rest on the victim's reaction to previous ill will, suspicion, or jealousy. All of your investigative skills are required in the first interview with an accuser to separate truthful accusations from lies.

PART G - RELIABILITY OF INFORMATION. Certain human factors affect the MPIs success in getting people to talk. They also influence the accuracy or truthfulness of the information. Evaluate each person and the evidence he gives; understand the person's motivations, fears, 1-11 MP0018

and mental makeup. Use this understanding to gain useful information. Consider the following factors and how they affect the accuracy of the information given. a. Perception and Memory. The validity of the information revealed during an interview or an interrogation is influenced by the subject's ability to do three things. He must be able to understand correctly what he saw happen. He must be able to remember that information and to give it correctly to you. A mistake made in recalling a particular incident is often due to: (1) A weakness in the subject's ability to see, hear, smell, taste, or touch. (2) The location of the subject in relation to the incident. (Rarely do two people give the same account of an incident witnessed by them.) (3) A lapse of time since the event occurred, or the person's having had no reason for attaching much importance to it when it occurred. The account given of an incident at a later time is often colored, consciously or unconsciously, by what the person has heard or seen of it since its occurrence. Also, a person may fill in the gaps in his knowledge of a particular incident by rationalizing what he actually did see or hear. He may then repeat the entire mixture of fabrication and fact to you as the truth. To prevent this, a person should be interviewed or interrogated as soon as possible after an incident occurs. Even then all of the investigator's skills are required to discover what the person actually did observe. b. Prejudice. When answering questions, persons may be influenced by one type of prejudice or another. Be alert to this possibility. Attempt to discover the motivation behind such prejudice. A statement influenced by prejudice should be carefully weighed and examined for reliable information helpful to the investigation. c. Reluctance to Talk. You may deal with a person who is reluctant to give information. You must legally overcome this reluctance in order to secure the needed fact. The most common reasons for reluctance to talk are as follows: (1) Fear of Self-Involvement. Many people are not familiar with the police methods. They are afraid, therefore, to give the police their aid. They may have committed a minor offense that they believe will be brought to light upon the least involvement with the police. They may be of the opinion that the incidents that occurred are not their business, or that guilt lies with both the victims and the accused. They may fear the publicity that may be given to people involved in any way with criminal cases. They may fear revenge by the subjects or his associates against them, their family, or property. (2) Inconvenience. Many people deny knowledge of incidents because they do not wish to be bothered by being questioned or by being required to go court. MP0018 1-12

(3) Resentment Toward Police and Police Methods. This resentment may be present particularly among people who do not feel loyal toward society. Sometimes the resentment surfaces as sympathy for an accused person. The witness may feel that the accused is an underdog at war against the impersonal, organized forces of society. The police represent this society. d. Military Police Investigator/Subject Personality Conflicts. The lack of success in an interview or interrogation may be due to a personality conflict between the investigator and the subject. If that is the case, recognize this factor. Before all chances of success are lost, voluntarily withdraw in favor of another MPI. The subject may feel like talking to the new MPI. e. Refusal to Talk. A known weakness of the interview or interrogation is that no person can be made to talk if he is not willing. A person guilty of a crime may continue to profess his innocence even after he is convicted and serving his sentence. Remember that a victim, complainant, or witness to a crime does not have the same protection under Article 31 and the Fifth Amendment to the Constitution as an accused, since he is not a suspect. Remind people of this fact. Point out that a person who refuses to cooperate is doing a great disservice to the Army.

PART H - WITNESS TO INTERVIEWS AND INTERROGATIONS. a. When too many people are present, the person being interviewed or questioned sometimes doesn't want to tell all that he knows of the incident. Interviewing or questioning one in the presence of many law enforcement personnel has been held by the courts to be suggestive of duress. On the other hand, someone should be there to witness the questioning and the statement(s) made. Someone should be there, also, to protect the investigator against a possible charge of coercion or duress. Not more than two investigators should be present in the interrogation room. When more than two people have an official interest in the interview or questioning, the others may witness the questioning from behind a two-way mirror. There they will be out of sight of the person but can still see and hear everything. b. Female Subjects. Never endanger an interview or questioning by ignoring this fact: a woman may not want to talk about intimate subjects in the presence of others. There is no legal requirement to have a witness for the questioning of females, however, it is better to have a witness, preferably a female, for your own safeguard against false charges. The use of two way mirrors and concealed microphones (in accordance with AR 381-17) is proper for such cases. The fact that the female believes that she is alone with the investigator may encourage her to talk.

PART I - RECORDS. A name-index file should be kept to record needed facts about each interview and questioning. The file should contain cross-referenced notes to each instance of questioning. Similar notes should be made to the case for which the questioning was needed and to the MP reports that contain the reported 1-13 MP0018

information. You should be able to consult the name-index file and the reports to gain essential background information about a person. This procedure will prevent duplication of effort in setting background information. It will also provide summary knowledge until complete background information can be developed.

PART J - THE INTERVIEW. 1. GENERAL. a. Only a few people in the immediate vicinity of a crime can give information that will be of value. Find these individuals and separate those who have valuable information from those who do not. The problem is best solved by the skillful use of the interview. b. In an interview, the person questioned usually gives his account of the incident in his own words and in his own way. 2. PLANNING THE INTERVIEW. a. Time of Interview. A person should be interviewed as soon as possible after the incident. This reduces the possibility of his forgetting or being influenced not to talk. Generally, question witnesses, victims, and complainants at their earliest convenience. Allow enough time to conduct a thorough interview; poor scheduling can result in a rushed interview. Important details are then overlooked. b. Place of Interview. Willing witnesses, excluding those interviewed at the scene, are usually interviewed, where they feel psychologically comfortable. They might be in their homes or offices. It is all right, however, to interview persons in a police setting, if they are not uncomfortable or are not caused undue hardship. c. With suspects and hostile witnesses not interviewed at the scene, it is best to question in a proper interrogation room. (Such a room is described later in this lesson.) Any other available location where the investigator enjoys the psychological advantage will also do for questioning. 3. INTRODUCING YOURSELF. a. Introduce yourself courteously to the person being interviewed. Make certain that he is aware of your identity. Show your credentials if the person has a doubt as to your authority to conduct the investigation. b. A hasty introduction or an appearance of haste at the beginning of the interview may cause an embarrassing situation. It could make the person think that his presence is of little importance and that the information he has is of little value. A few minutes spent in a proper introduction are not wasted; the introduction gives you time in which to evaluate the person and your approach; the person is given a chance to overcome any nervousness and is usually in a better frame of mind to answer questions. MP0018 1-14

4. THE OPENING STATEMENT. a. When the introduction is complete, make a general statement about the case without disclosing any exact facts. The statement should be so worded as to create an understanding between you and the person. Such a statement is a good point on which to begin discussion. It also affords you more time to "size up" the interviewee. b. If the person is a suspect or accused, then ensure that the suspect or accused fully understands his rights as set forth in paragraph 5. Remember, just warning the subject of his rights is not enough; you must ensure that he understands his rights. 5. CONDUCTING THE INTERVIEW.

Your attitude and actions usually decide the success or failure of the interview. Be friendly and businesslike. Try to get the subject into a talkative mood. Try also to guide the conversation toward the person's knowledge of the case. The person should be allowed to tell his complete story without unneeded interruptions. The questions should be phrased as to maintain a free flow of talk, rather than brief "yes" or "no" answers. Mentally note any inconsistencies. After the person has completed his story, get him to explain anything not consistent. 6. APPROACHES WITH WITNESSES.

The indirect approach is generally used with ready, willing, and able interviewees. They are simply asked to tell their stories in their own way; and the investigator is mainly a "listener," asking questions only when needed to clarify facts. Leading questions which suggest an expected answer are avoided. When the subject is not ready, willing, and able to give information, use the direct approach: ask direct questions; become the "questioner." Leading questions are sometimes necessary but should be avoided especially with an unstable person. Photographs and sketches are often useful during interviews. When shown to interviewees, they orient interviewees and investigators. They help to ensure mutual understanding and to assure complete coverage of the matter being discussed. Sketches are very valuable during questioning of large numbers of persons. These may be persons who were present when multiple offenses were committed (such as riots and war crimes). The people questioned can find their own positions on sketches and relate these sketches for identification. Preserve them and photographs for possible use as exhibits in court. a. Complainant. If possible, the complainant should be interviewed first, to determine whether the crime occurred as alleged. When interviewing a complainant, be receptive and sympathetic. Let the complainant know that you recognize the importance of the complaint and intend to take proper action. Be tactful and open-minded toward the person and his complaint, but be equally realistic and careful in developing complete information. Attempt to establish the motive for the complaint. Be alert for any grudge or jealousy 1-15 MP0018

on the part of the complainant. Determine the subject's relationship to the person accused and the facts developed. b. Witnesses. The MPI must often guide the witness to help him recall and relate the facts of an incident. Help the witness realize that he has important and necessary information. Questions should be designed to develop a detailed account of the witness' knowledge. Constantly be aware of the human factors that affect a witness's ability to observe and describe actions, articles, or circumstances related to the commission of a crime. c. Victims. When interviewing the victim of a crime, consider the victim's emotional and physical state. A state of shock or hysteria may cause the victim to give a hazy, erroneous, or garbled account. Wild and unsupported opinions or conclusions about the circumstances of persons connected with the crime are often included in the victim's account. Keep an open mind. Weigh each part of the victim's story in relation to the physical evidence and the testimony of witnesses. The interview procedure used for a victim closely parallels that used for a complainant. The victim can usually give reliable information about the events leading to the crime. However, his account of the details, and the events immediately following the crime, may be subject to faulty perception resulting from excitement and tension. 7. RECORDING THE FACTS.

The recording of the facts disclosed in the interview is necessary to the proper conduct of the investigation and to the making of a good report. a. Most people who are interviewed have no objection to discreet notetaking. Notes, however, should not be taken until the subject has had an opportunity to tell his story completely and to correct any honest mistakes made in the first telling. b. Some people show annoyance when the investigator diverts his attention from them to the taking of notes. Others are reluctant to talk when they know that what they say is being recorded. When interviewing these persons, do not make notes until just before closing the interview, or just after it, while the details are still fresh in your mind. Exceptions occur when the investigator must make note of such things as addresses, telephone numbers, and detailed descriptions of persons or stolen items. c. An electronic recording device (tape or wire) is a useful means of preserving the content of an interview. The recordings should be kept in their entirety, together with any stenographic transcripts made from them. A complete chain of custody is maintained for all such items, they may later prove valuable in legal proceedings, if they can be duly identified and authenticated. AR 381-17 must be followed to the letter when recording an interview. When using wire or tape recorders, you must get the consent of the person being interviewed. Preferably you should get it in writing. MP0018 1-16

8. CLOSING THE INTERVIEW. a. When the investigator ends his interview, he should show his appreciation for the subject's help. This applies not only to interviewees who have been helpful from the beginning of the interview; it also applies to those who first had to be encouraged and motivated to give information. No promises or hints of confidentiality should be given. b. The time required in closing the interview may sometimes be used to get more information. A reluctant subject may tend to drop his guard after the questioning has ceased and the investigator has put his notebook away. The person who has withheld important facts during the interview may mention such facts during the period just afterward. By careful handling of the subject, you may get the very facts that had escaped you during the interview. c. If the person has traveled far to be interviewed, help him to arrange and schedule his travel home, or to secure repayment of funds when authorized. Such action promotes future help. 9. EVALUATING THE INTERVIEW.

During and right after closing the interview, try to evaluate the interviewee, the information, and your own performance. a. The Interviewee. The mannerisms and emotional state of the person during the interview may provide a clue as to the reliability of his information. If he is hesitant, evasive, or unwilling to give information about details of an incident, this may mean he is not cooperating to the fullest extent. Physical evidence of nervousness, such as constant wetting of the lips, may indicate an attempt at deception. Flushing of, and perspiration on, the face may indicate the seriousness which he attaches to the points being discussed. They may also indicate that he is not giving complete information. Some persons, however, are able to lie without displaying any noticeable outward signs. Moreover, innocent persons sometimes display noticeable signs of extreme nervousness. For these reasons, and for the added reason that you might misinterpret such physical signs, the information given cannot be evaluated conclusively by your evaluation of the interviewee. Therefore, seek and interview persons who have known the interviewee for some time. This will enable you to substantiate or to eliminate inferences gained from signs of emotional disturbance shown during the interview. b. The Information. The information received during the interview has no real value until it is properly evaluated, and, if possible, checked for accuracy and truthfulness, as follows: (1) The information should be compared with information received from others interviewed. (2) Conflicting statements about the same case should be compared, both in general and in particular. Conflicting statements should be compared with the known facts of the case and considered against the background 1-17 MP0018

information developed. The human factors that affect the powers of perception and memory may be the cause of the differences; they should be considered but should not be relied upon too much to explain differences or conflicts in different accounts of the same event. Sometimes, the cause of the differences may be found only in the motivation or prejudices of the interviewee who lied when he told his account of the incident. (3) Review the entire case as it has been developing and give particular attention to the remaining gaps in your knowledge of the case. Try to get a clearer picture of the case than was possible before the interview. c. Performance of the Interviewer. The MPI who truly wants to improve his ability to interview persons successfully, evaluates himself during and after each interview. He evaluates both his approach and his manner. This procedure is particularly necessary when he has been unsuccessful in getting from the interviewee all the information that he was believed to have.

PART K - INTERROGATION. 1. GENERAL. a. An interrogation is the questioning of a person suspected of having committed an offense; it could be the questioning of a person who is reluctant to make a full disclosure of information of value to an investigation. Interrogation serves to answer the basic questions of an investigation, the who?, what?, where?, when?, why? and how? b. The purposes of an interrogation are to: (1) Determine the facts of a crime. (2) Develop information that will help you to secure independent testimony and physical evidence to prove the truth of an admission or a confession. (3) Extract truthful information from a lying, evasive, or reluctant witness, false accuser, or other uncooperative person. Any of these may withhold valuable information which could lead to the solution of a crime. (4) Learn the identity of an accomplice to a crime and/or the details of any criminal plan or scheme. (5) Get a confession or admission to the crime under investigation. (6) Develop the details of any other crime in which the suspect may have been involved. (7) Recover the fruits of a crime. 2. WHOM TO INTERROGATE. MP0018 1-18

Only interrogate a person believed to be withholding information directly pertaining to a crime. Avoid interrogating any person who can be interviewed successfully. 3. PREPARING FOR THE INTERROGATION.

Base your plan for the interrogation on the facts of the case and the background information you have developed. Statements of the victim and witnesses will enable you to reconstruct the crime mentally and to anticipate some of the facts which may be obtained during the interrogation. (Such statements will add to the information you got from physical evidence.) Based on the information developed, prepare a formal outline of the case. List the main points together with all supporting statements or evidence. The outline should also contain the questions you plan to ask the persons to be questioned. 4. PSYCHOLOGICAL FACTORS.

Improve your psychological advantage during an interrogation by considering the following: a. Time of Interrogation. A person suspected of a crime should be questioned as soon as possible after the report of the incident. This should be, however, only after the interrogator is prepared and ready. Every minute that passes between the commission of the crime and the apprehension and interrogation of the suspect affects a successful interrogation. Time gives the suspect chances to compose himself, to make up alibis, and to communicate with accomplices. Because the questioning is time-consuming, and cannot be rushed, no time limit should be set. Do not schedule anything else that may interrupt or cut short the questioning. The questioning, however, should never be continued for a length of time that would constitute duress. b. Place of Interrogation. As previously stated, a criminal, surprised and caught in the act of committing a crime, is not usually interrogated on the spot. Such questioning is normally of little value to establish his involvement in the offense; that is well established by his being taught in the act. Properly handled, however, this interrogation may produce a confession that will clear up other like crimes, such as a series of burglaries. Also, such interrogation may help to identify accomplices. Normally, however, the interrogation is conducted at the MPI office. Material is available for taking notes or for preparing statements, admissions, or confessions. Witnesses are available to guard against possible charges of abuse, duress, or coercion and to witness the statements, admissions, and confessions. At the office or at a regular interrogation facility, you can arrange for privacy during the interrogation. You can control the physical environment and make reasonably certain that you will not be interrupted. 5. CLASSIFICATION OF SUSPECTS. a. The classification of suspects into general groups will help you in deciding on the approach most likely to succeed in getting a suspect to talk. 1-19 MP0018

The accuracy of your efforts to classify a suspect depends upon your ability and experience. It depends also upon the availability and accuracy of information developed about the suspect or the case. An incorrect classification may result in an unsuccessful interrogation. This could happen if the approach based on the original classification is not skillfully and quickly changed before the suspect becomes aware of the error. Suspects are divided into the following groups: (1) Suspects whose guilt is reasonably certain. This category may be further divided into: (a) Suspects more readily influenced by sympathy or understanding (first offenders or "heat of passion" offenders). (b) Suspects more readily influenced by logic (habitual criminals or those who feel no concern for their offense). (2) Suspects whose guilt is doubtful or uncertain. b. An interrogator's success will depend upon his ability to quickly and accurately classify the subject. It will depend also on his ability to select the interrogation technique for the occasion. Should he appeal to the subject's logic? Should he be sympathetic? Should he appeal to the person's pride, or should he shift the blame to someone else? Should he be tough? What terminology should he use? These are but a few of the questions an interrogator will have to ask himself while sizing up the subject and deciding on the techniques to use. 6. COMMENCING THE INTERROGATION.

Identify yourself before starting the interrogation. Present your credentials so there will be no doubt in the subject's mind as to your authority. After the introduction, tell the subject the nature of the accusation and inform him that an investigation is being conducted. Take care in making this statement so that none of the exact details of the crime are disclosed prematurely. Before asking any incriminating questions, advise the suspect or accused of his legal rights as set forth in Part D. 7. CONDUCTING THE INTERROGATION.

The interrogation technique is influenced by the subject's background and the available facts and evidence. Consider these factors. Then classify the subject and make the necessary preparation and plans. Proceed with the interrogation. Decide on the technique or combinations and changes of approaches that seem best. Although there are many questioning techniques, there are only two basic approaches--direct and indirect. Psychological techniques and strategic subterfuges can be used effectively with each approach. If the approach first selected and used fails, another should be used in an effort to end the interrogating successfully. An obvious changeover from one approach to another should be avoided; it may be detected by an alert subject. This, in turn, may tend to strengthen his resolve to MP0018 1-20

resist your efforts. Best results are obtained when the approach is intelligently adapted to the peculiarities of each specific case. Best results occur when the approach is done in a skillful, inconspicuous way. Also, using patient, persistence, and self-control gives good results. The approaches and techniques generally used are the following: a. Direct Approach. The direct approach is normally used to interrogate a suspect whose guilt is reasonably certain. In using this approach, assume an air of confidence with regard to the guilt of the suspect. With this same air, stress the evidence or testimony that points to his guilt. Try from the beginning to get an admission or confession from the suspect. (1) Suspects are more readily influenced by sympathy and understanding. A person who is a first offender, or a person who has committed an offense in the heat of passion, anger, or jealousy is normally responsive to a sympathetic and understanding attitude. Treat the suspect as a normal human being who, under the stress of circumstance or extreme provocation, has committed an act that is alien to his true nature. Strive in every way to gain the suspect's confidence and to minimize the moral implications. Do not hint regarding penalties for the crime. When dealing with such a person, confidently stress the evidence against him. Signs of nervous tension should also be pointed out to the suspect as evidence of his guilt. The suspect should be repeatedly urged to tell the truth; the use of words with sinister meanings or connotations should be avoided; for example, say "take" rather than "steal," or "fib" rather than "lie." Questions should be designed to develop a complete and detailed account of the crime from the moment it was first conceived by the suspect until it was committed. When preparing to interrogate a suspect readily influenced by sympathy and understanding, choose a technique stressing one or more of the following: (a) Confidence in his guilt. From the very beginning, give the appearance that the suspect is guilty. Indicate that the proof of his guilt is already or soon will be established, and it is futile for him to resist. (b) Overwhelming evidence against him. Point out to the suspect some piece of evidence that establishes his guilt. Do not reveal to the suspect all that is known about the case or about him. Impress the suspect that you are on firm ground, and have the evidence to prove his guilt. (c) Help him rationalize the crime. Point out to the suspect that other persons in the same situation would have acted in the same way. Assure him that his actions are not really as "strange" as they appear, and that others are committing the same act. (d) Shift blame. Place the blame for the commission of the crime on someone else such as the victim, accomplice, or anyone else. Make the suspect feel that he just "went along" and that actually the other person is to blame for the crime. 1-21 MP0018

(e) Appeal to his pride. Point out to the suspect that his actions, such as in a larceny, were outstanding and the case showed nerve and good prior planning; it is the best larceny you have ever worked. (f) Minimize seriousness. Impress the suspect that other persons have committed acts far more serious than the one he committed. Assure him that most people will commit the same act if the chance presents itself. (g) Point out the physiological signs of guilt. Impress upon the suspect that his physical appearance and outward behavior are giving him away. Examples may be dryness of the mouth, sweating, and nervousness. (2) Suspects readily influenced by logic and reasoning. The habitual criminal who feels no sense of wrong doing in having committed a crime must normally be convinced that his guilt can be easily established by testimony or available evidence. Point out to the suspect the futility of denying his guilt. The suspect should be confronted at every turn with testimony and evidence to refute his alibis. When he admits commission of, or complicity in, another crime, or any act or motive connected with the crime under investigation, the admission can be used as a wedge to help secure a complete confession. The following questioning techniques are available to interrogate a suspect readily influenced by logic and reasoning: (a) Confidence in his guilt. (b) Overwhelming evidence against him. (c) Futility of denying guilt. The evidence already developed has established his guilt. (d) Evidence available refutes his alibis. (e) Pointing out physiological signs of guilt. b. Indirect Approach. The indirect approach is exploratory in nature. It is used usually when interrogating a suspect whose guilt is uncertain or doubtful. Alibis offered by the suspect should be checked to determine their truthfulness. Facts that are definitely known to you and suggest the suspect's guilt should be used in planning questions to test his reactions and to determine whether he is apt to lie. When evidence is lacking or weak, proceed cautiously. Place the suspect in a position where he will be forced to distort or alter facts that are definitely known to you. The suspect should then be requested to explain satisfactorily any such discrepancy or distortion. At times, imply that much more is actually known. Do so by making statements or by asking questions that lead the suspect to believe that the answers are already known. After this situation has developed, revert to direct questioning to obtain an admission or confession. In the indirect approach, the questioning is designed to develop a detailed account of the suspect's activities before, during, and after the time the offense occurred. The following are examples of questions that can be asked when using the indirect approach: MP0018 1-22

(1) Ask the suspect if he knows why he is a suspect, or why he has been brought to the MPI office. This puts the suspect on the defensive and may give rise to a remark or physical sign that also may not have been obvious. (2) Ask him to tell all he knows about the offense. Here the suspect may offer information that would not otherwise come out in a question and answer situation. (3) Ask him why some of the evidence points to him. Normally, a guilty person will try to explain away the evidence or offer an explanation of the evidence. The innocent person will profess no knowledge of the facts. (4) Question the suspect about nonexisting evidence. As in paragraph (3) above, the guilty suspect will try to explain it away. (5) Ask if he ever thought of doing anything like "this" before. A guilty person will usually answer yes, and then try to explain away his thoughts. An innocent person will deny any such thought. c. Psychological Technique. It is sometimes useful to focus the thoughts and emotions of the suspect on the moral aspects of the crime. This may be done to make him realize that a wrong has been done. Take great care to ensure that the suspect does not become so emotional as to render any statement made by him inadmissible in court. (1) Begin by discussing the moral seriousness of the offense. You might appeal to his civic-mindedness or to duties of citizenship. You could emphasize the effects of his acts on his wife, children, or close relatives. From this beginning, proceed to such matters as the sorrows and suffering of the victim and the victim's relatives and friends. (2) The suspect may tend to become emotional when discussing his mother or father; his childhood and childhood associations; his early moral and religious training. He may react this way when speaking of persons whom he has held in very high esteem such as school teachers, religious instructors, athletic coaches, neighbors, and friends. This tendency is particularly true when a suspect is guilty of a crime that he feels violates the moral values of these people. Often, the emotional appeal of some person or personal relationship increases in intensity with the passage of time and with the distance separating the suspect from his former environment. By stressing the contrast between his present and former way of life, you may intensify the suspect's emotional response. This may occur especially if he has deserted his family or has forsaken the way of life prescribed in his early moral and religious training. (3) The psychological technique is often successful with a young person. This is also true of a first offender who, like the young person, has not had time to become a hardened criminal. Neither of these has had time to develop the thought pattern typical of a hardened criminal. 1-23 MP0018

(4) Realize that skill is required in using this technique. The basic emotions and motivations most commonly associated with criminal acts are hate, fear, love, and desire for gain. By careful inquiry into the suspect's thinking, feeling, and experience, you may touch upon some basic weakness. Thereby you may induce in him a genuine desire to talk. Try to think along the same lines as the suspect. Make every effort to establish a common ground of understanding. Help the suspect to construct a "face saving" rationalization of his motives for committing the criminal act. This will make talking about the crime easier for him. d. Other Techniques. At times, the interrogation techniques used must be of a more subtle nature. Use these techniques carefully so that your approach will not be obvious to the suspect. Detailed planning and realism are the requirements for their successful use. Be careful not to endanger the success of any future interrogative effort by telling the suspect just how much, or how little, information there is against him. (1) The Hypothetical Story. Tell a story of a fictitious crime that varies only in small details from the offense that the person is suspected of. After a lapse of time, ask that the suspect write the details of the story he just heard. If he is guilty, he may include details that are identical with the actual offense and that were not mentioned in the fictitious crime. When he is confronted with this fact, the suspect may be influenced to make an admission or confession. On the other hand, he may be forced to lie in order to get himself out of a difficult position. (2) The "Cold Shoulder." The suspect is invited to your office. If the suspect accepts the invitation, he is then taken to the crime scene by you and another MPI. While with the suspect, say nothing to him or to each other; simply await his reactions. This technique permits the suspect, if he is guilty, to surmise that there is adequate evidence to provide his guilt. It may also prompt him to make an admission or confession. If witnesses are available, whose identities are known to the suspect, they should be asked to walk past the crime scene without saying or doing anything to suggest that they are aware of the suspect's presence. This procedure serves to intensify the suggestion that the facts of his guilt are already established. (3) Playing One Suspect Against Another. This technique can be used when more than one suspect is involved in the commission of the crime. One suspect is "played" against the other by purposely encouraging the belief in one that his companion is cooperating. Usually, the companion is the "weaker" of the suspects. He is "cooperating" with the MPs to try to get special favors for himself. It may also be suggested that he has talked about the crime and has laid the blame on his pal. There are many variations to this technique, but in all, the suspects must be kept apart and not allowed to communicate with each other. Variations may include allowing the suspects to glimpse or observe each other from a distance, once in a while. This should occur when one is doing something that the other may interpret as cooperating with the MPs. Another variation is confronting the "stronger" suspect with known facts that have been allegedly furnished by the "weaker" suspect. One suspect may be well treated, or even released, while the other may be ignored, MP0018 1-24

and left alone for long periods of time. This method works best when two MPIs work closely together and infer, rather than state, that the one suspect has cooperated. Regardless of the variations used, this technique should only be used after other questioning methods have failed. (4) Jolting questions. This technique is often used after other methods have failed. Ask the suspect a sudden or quick question "out of the blue." The question should be asked when the suspect is unprepared for it. Pay as much attention to the suspect's reaction to the question, as to his answer. (5) Minor Admissions. In most crimes there are usually several offenses committed. Attempt to get the suspect to admit to one of the lesser offenses. Once you have this admission, use it as a wedge to obtain a confession from the suspect. 8. RECORDING THE FACTS.

The skilled MPI must train himself to remember correctly all the pertinent facts and discrepancies noted during an interrogation. He must be able to do so without resorting to writing notes. Pencil and paper is kept out of sight during an interrogation. However, if the suspect mentions a name or address during the interrogation that you need to remember, remove a notebook from your pocket, jot down the information, and immediately replace the notebook out of sight. When possible, conduct the interrogation where a sound recording of the entire interrogation (in accordance with AR 381-17) can be made. Or conduct it where a stenographer or another MPI can be out of sight of the suspect for the purpose of taking notes. Just as soon as the interrogation is over, make a complete set of notes. These should cover the information gained, the reactions of the suspect, and any discrepancies or gaps in his story that may require further investigation. 9. EVALUATING THE INFORMATION.

You should have ample opportunity during the interrogation to observe and evaluate the physical mannerisms and emotional state of the subject. Be alert for any signs of emotional disturbance or nervous tension. This may indicate deception or guilt. Evaluate the information given by the suspect in respect to known facts, the testimony of the victim and witnesses, and the physical evidence. Verify by other investigative means every pertinent statement.

PART L - INTERPRETERS. 1. GENERAL.

MPIs, particularly in an overseas area, may have to question persons with whom there can be no direct conversation due to language differences. This problem is usually solved through the use of a carefully chosen interpreter. The interpreter should be a member of the Armed Forces or a US citizen. If it is impossible to find such a person, a qualified local citizen should be used. The availability of an interpreter should not discourage you, however, from 1-25 MP0018

learning the new language. When anticipating overseas assignments, you should try to develop appropriate foreign language skills. Knowledge of that language may be the best possible solution to the problem. It may be also a means of checking the accuracy, loyalty, and obedience of an interpreter. Do not attempt an interrogation alone, unless you are highly skilled in the foreign language. You should also be sure of your ability to phrase intelligent questions, and to understand clearly the answers given by the subject. Whenever there is any doubt as to your own ability, use a qualified interpreter. 2. CHOOSING THE INTERPRETER.

A person chosen as an interpreter should have the following qualifications: a. He should be intelligent and capable of learning rapidly the habits, methods, and procedures of the investigator. b. He should be well-educated in both foreign and English languages. Also, he should be able to express himself clearly and intelligibly to all persons whom the investigator is likely to question. c. He should be honest and free from criminal tendencies. If he is a native of that country, he should be free from unfavorable reputation among the local inhabitants. d. His reputation or standing in the community should be such that he will not be influenced by persons of higher rank and standing. A person's social and educational level is often detected from his speech habits or peculiarities. e. He should be willing to accept a subordinate role in the actual questioning of persons; i.e., permit the MPI to ask questions and to receive and evaluate the answers. 3. CONTROLLING THE INTERPRETER.

You must make absolutely certain that the interpreter performs his duties correctly, and that he does not assume your rights. You are responsible for the investigation and for any interview or interrogation. Therefore, remain in complete control throughout the questioning. You ask the questions, receive the answers, and evaluate the information. Use the interpreter only as a means to overcome the language barrier. Specific areas to be avoided include the following: a. The interpreter must never ask questions of his own. He must never paraphrase (summarize) your questions or the subject's answers. b. The interpreter must never frighten or scold the subject or engage in any behavior that will lower the prestige of the MPI or badly affect the investigation. MP0018 1-26

c. The interpreter must never hold back information given by the subject, because it may adversely affect the interpreter or someone known to him. d. You, in turn, must never bully, criticize, or admonish the interpreter in the presence of the subject. Criticism is made in private to avoid lowering the prestige of the interpreter, and thereby impairing his effectiveness. 4. PROCEDURE FOR QUESTIONING THROUGH THE INTERPRETER.

The normal procedure for questioning through the interpreter includes the following: a. Prepare in advance, in writing, the questions you intend to ask. The questions should be clear, brief, and the type that will elicit brief, factual answers. b. The interpreter is provided these questions in advance, so he may, if necessary, research any special vocabulary problems. c. The interpreter should stand or sit to your side and slightly forward so that he can speak with both you and the subject by just turning his head. He should not be allowed to move about or to do anything that will distract the subject's attention. d. Address the subject directly, looking him in the eye, in order to hold his attention. The questions should be asked slowly and clearly in clear English. Avoid slang and idiomatic expressions that may confuse the interpreter. If the subject and interpreter begin an extensive conversation or argument, put an immediate stop to it. e. The interpreter translates your questions into the language of the subject. He should do this promptly in a clear, well-modulated voice, reproducing the tone and emphasis of the investigator. f. The subject should answer your questions in his native language. g. The interpreter should repeat the subject's answer in English, in as literal a translation as possible. He should not use such expressions as "He says" or "I believe he is lying." If you want an explanation of an answer that concerns the use or meaning of a word, request it from the interpreter later. If you need a fact cleared up by subject, ask additional questions. h. Never instruct the interpreter to ask the subject a question. Also, insist the interpreter translate the subject's answer directly and literally. In other words, never turn to the interpreter and say, "Ask him if he knows John Doe," or permit the interpreter to reply, "He says he does." Instead, the question should be put directly to the subject in English, "Do you know John Doe?" and receive the answer through the interpreter as though it were answered in English by the subject, "Yes, I know him." 1-27 MP0018

i. In some cases, you may want to use a stenographer or a recorder. If the stenographer speaks both languages, he should record all the statements made in both languages. If an electronic recording device is available, it should be used wherever possible. Such a device affords a permanent record of the questioning in both languages. Such record is a means of cross-checking the accuracy and faithfulness of the translation. j. The interpreter should be told to make his translation of long statements at regular and convenient pauses during the subject's statements. The interruptions must come at the end of complete thoughts. This procedure may be hard if the subject is allowed to give long versions of his information. Therefore, questions that require long explanations and invite digressions should be avoided.

PART M - WRITTEN STATEMENTS. 1. GENERAL.

Written statements serve as permanent records of the pretrial testimony of suspects, victims, complainants, and witnesses. Such statements may be used in court as evidence attesting to what was told the investigator. They may serve also to refresh the memory of the maker of the statement or the memory of the investigator. 2. PREPARATION. a. The heading of each DA Form 2823 is completed by listing the location at which the statement is made, the date and time it was signed, and the name, SSN, grade/rank, organization or address of the maker of the statement. b. The statement or body of the statement is generally recorded using one of three accepted methods: narrative, question and answer, or a combination. c. The narrative method allows the interviewee/person giving the statement to record the information in his own words. This is ideal if he can express himself and doesn't compile a mass of irrelevant information. The narrative is used more often with a complainant or witness than with a victim or suspect. d. In the question and answer method, the investigator/interrogator can limit the information present to that which is pertinent. Two disadvantages of using this method are: it is time-consuming for the investigator/interrogator; it may suppress some valuable information that might have been volunteered otherwise. e. A combination of the above two methods normally gives the best results. The person being questioned is first allowed to express himself. Then the investigator/interrogator asks for specific information the person omitted. This method or the question and answer method is most often used when taking a statement from an accused or a suspect. MP0018 1-28

f. The last section of Form 2823 is known as the affidavit. It acknowledges that the statement was given voluntarily and that mistakes have been corrected. It states also that the number of pages contained in the statement have been verified. The investigator then administers an oath to the interviewee by stating, "Do you swear or affirm that the information given by you in this statement is true and correct to the best of your knowledge, so help you God?" In the event the interviewee objects to the use of God, that word may be deleted from the oath. g. After the interviewee has answered "yes," the statement is signed by the interviewee, the interviewer and a witness. (If the person interviewed is, or becomes, suspected or accused of the offense, see preparation of the required accompanying DA Form 3881. h. The statement is written in the first person. In addition to signing the statement, the maker initials the bottom of each page and all corrections. The last sentence of each statement will be "End of Statement." i. If a mistake is made and noticed before another word is typed, the word should have slash marks over each letter and a space there-after for the interviewee's initials. This way, the wrong word can still be seen and will not cause any doubt when and if the statement is introduced into court. If noticed after completion of the statement, the word is lined out. It is then written properly above the mistake and initialed by the interviewee. j. DA Form 3881 (Figures 1-3 through 1-6) must be completed prior to taking a statement from a suspect. When this form is completed, it becomes the cover sheet for the written statements (DA Form 2823). k. DA Form 2823 (Figures 1-7 through 1-9) is used to record statements obtained by investigators from suspects, victims, complainants, and witnesses. This form may also be used by the investigator for giving a separate statement of his activities throughout the investigation (Figure 1-9). 1-29 MP0018

FOR TRAINING PURPOSES ONLY

FIGURE 1-3. DA Form 3881, Warning Procedure/Waiver Certificate Signs, Front

MP0018 1-30

FOR TRAINING PURPOSES ONLY

4

Figure 1-4. DA Form 3881, Reverse 1-31 MP0018

FOR TRAINING PURPOSES ONLY

Figure 1-5. DA Form 3881, Rights Warning Procedure/Waiver Certificate, Front.

MP0018 1-32

Figure 1-6. DA Form 3881, Rights Warning Procedure/Waiver Certificate, Front

1-33 MP0018

FOR TRAINING PURPOSES ONLY

Figure 1-7. DA Form 2823, Sworn Statement, Front MP0018 1-34

FOR TRAINING PURPOSES ONLY

Figure 1-8. DA Form 2823, Reverse. 1-35 MP0018

"FOR TRAINING PURPOSES ONLY"

Figure 1-9. DA Form 2823, Sworn Statement. MP0018 1-36

LESSON 1

PRACTICE EXERCISE REQUIREMENT. The following questions are multiple choice. There are four choices to each. You are to select the one that is correct and CIRCLE the letter beside the correct choice directly on these pages. This is a self-graded lesson. DO NOT look up the correct answer from the solution sheet until you have answered each question. To do so will endanger your ability to learn this material. Also, your final examination score will tend to be lower than if you had followed this procedure. GENERAL SITUATION. You are the MPI supervisor, Fort Crum, Alabama. SPECIAL SITUATION. You are explaining to the MPI the rights of a person being interviewed and the procedures to follow in conducting a successful interview or interrogation. 1. Which of the following statements defines interrogation? An interrogation is the questioning of: A. a suspect to obtain a confession or admission to a crime under

investigation. B. witnesses and victims that refuse to tell what they know, or are lying. C. persons who are suspected of committing a criminal offense. D. all the above. 2. A barracks thief was caught in the act by two MPs. He fled the scene on foot, outrunning the two MPs. The suspect was later apprehended by a third MP. During the course of the interrogation you praise the subject's ability to run, and state that he was probably a good track star in school. By praising the subject this way you are: A. pointing out to the subject evidence of his guilt. B. employing a questioning technique that appeals to the subject's pride. C. giving yourself more time to size up the subject and decide on an

approach. D. employing an indirect method of interrogation. 3. When should you interrogate a complainant? A. When the complainant has a previous criminal record. B. When you notice he appears nervous. C. When you believe him to be a false accuser. D. Never, as he should be interviewed. 1-37 MP0018

4. Suspects are classified into categories to: A. aid the investigator in selecting an interrogation approach. B. assist the investigator in deciding which type of person he will

interrogate, e.g., false accuser, lying suspect, or reluctant witness. C. assist the investigator in determining the guilt or innocence of the

suspect. D. aid the investigator in determining which suspects should be interviewed

or interrogated. 5. When questioning a first offender, the approach used should stress all of the following EXCEPT: A. repeatedly urging him to tell the truth. B. continually pointing out the evidence against him. C. treating the suspect as a normal human being who has committed an act

against his nature. D. the moral implication of the crime. 6. You should base you interrogation methods on the: I. subject's background. II. evidence available. III. classification of the subject. IV. crime committed. V. subject's willingness or reluctance to talk. A. I, II, IV, and V. B. I, II, III, and V. C. I, III, IV, and V. D. I, II, III, and IV. 7. During an interrogation, the suspect admits to certain elements of the crime but not to the crime itself. These admissions should be: A. verified by investigators and added to the already collected evidence of

the case. B. used to verify facts already obtained by investigation. C. used as a wedge in order to obtain further admissions or a confession. D. ignored, and the interrogator should continue with the original

interrogation approach. MP0018 1-38

8. All previous interrogation attempts of a suspect have failed to yield satisfactory results. You decide to relate the facts of a fictitious crime to the suspect very similar in nature to the actual crime. Later you ask the suspect to write the details of the factitious crime. Your aim is to have the suspect: A. change facts or details in his story about the actual crime. B. include details in his story that were not mentioned by you. C. leave out facts in his story that were related to the actual crime. D. refuse to write the story, thereby establishing his guilt. 9. You are preparing to question a suspect through your interpreter. Before starting, you instruct your interpreter to: A. put into his own words any question or answer he does not understand. B. translate the subject's answers as he construes the meaning. C. sit to the side and slightly forward so that he can speak with both you

and the subject. D. ask questions of the subject whenever a point needs clarification. 10. Two suspects have been apprehended by MPs. One is placed in a waiting room next to a stenographer while the other is taken into the interrogation room. Approximately 1 hour later the stenographer is called into the room and told to bring a pad and pencil. When she returns, she starts to type what's written on the pad. She pauses and asks the subject in the waiting room how he spells his last name. A few minutes later, the suspect from the waiting room is taken to the interrogation room vacated by the first subject where the investigator asks, "Well, what do you want to say?" What technique was being used by the interrogator? A. Playing one suspect against the other. B. Uselessness of denying guilt. C. Confidence in his guilt. D. Psychological approach. 11. An interview is correctly defined as: A. an attempt to obtain information from someone who has it. B. the questioning technique used when a person is believed to be withholding

information. C. the initial questioning of a victim, witness, or complainant. D. the questioning of a person who is ready, willing, and able to give you

information pertaining to the offense under investigation. 1-39 MP0018

12. You are interviewing the complainant of a larceny of a government typewriter when you become suspicious of his actions and information. You believe the complainant is actually a cosubject to the larceny. You should: A. stop all questions and advise the complainant of his rights. B. change from interviewing the complainant to interrogating him. C. phrase your questions so that the complainant will incriminate himself. D. switch to a more direct type interview approach to determine the

complainant's involvement in the crime. 13. You inform your MPIs that the best way to conduct an interview is to: A. question the person step-by-step until you learn what he knows about the

incident. B. outline the case to the person and ask him which points are correct. C. have the person tell his story in his own way. D. flatter the person and build up the value of the information he has. 14. One of your investigators asks you about the taking of notes during an interview. You inform him that the best way is to: A. take notes only on inconsistencies during the interview. B. wait until the interviewee has finished his story before making any notes. C. discreetly take notes during the entire course of the interview. D. be obvious so that the interviewee knows his statement is being recorded. 15. You have prepared a list of questions to ask a witness. In going over the questions before the interview, you decide to change one question. Which one would you change? A. What are the actions of the other witnesses to the crime? B. Would you indicate the suspect's actions? C. Did you see the suspect leave the scene? D. Would you describe the condition of the suspect's clothes? 16. When a female suspect is to be interrogated by a male investigator, it is best to have: A. the presence of a witness to the interrogation. B. the presence of a female witness to the interrogation. C. a female enlisted or female commissioned officer present during the

interrogation. D. none of the above. MP0018 1-40

17. During the course of a larceny investigation, which of the following persons should be interviewed first? A. MAJ Delta, witness. B. 1SG, Charlie, complainant. C. SPC Bravo, subject. D. LT Alfa, victim. 18. A newly assigned MPI explains to you that he is having difficulty interviewing and getting the desired information. You inform him that before he can become successful, he must: I. understand the basic principles governing the interview. II. watch other successful interviewers and their techniques. III. evaluate his performance for each interview conducted. IV. complete more formal training in interview techniques. A. I, II, and III. B. I, II, and IV. C. I, III, and IV. D. II, III, and IV. 19. Because other agencies and persons were interested in the subject's possible confession, you interrogated him in front of seven or eight people. It is possible that the court will hold that the confession was obtained: A. in a proper manner. B. through coercion. C. under duress. D. through unlawful influence. 1-41 MP0018

LESSON 1

PRACTICE EXERCISE

ANSWER KEY AND FEEDBACK ITEM CORRECT ANSWER AND FEEDBACK 1. D. All of the above. An interrogation is the questioning... (Page 1-18, Part K, 1a). 2. B. Employing a questioning...

Appeal to his pride. (Page 1-22, Part K, 7a(1)(e)). 3. C. When you believe him to be a false accuser. Extract truthful information... (Page 1-18, Part K, 1b(3)). 4. A. Aid the investigator... The classification of suspects into...(Page 1-19, Part K, 5a). 5. D. The normal implication of the crime. Suspects are more readily...(Page 1-21, Part K, 7a(1)). 6. D. I, II, III, and IV. The interrogation technique is (Page 1-20, Part K, 7). 7. C. Used as a wedge in order to... Minor admissions. (Page 1-25, Part K, 7d(5)). 8. B. Include details in his story... The Hypothetical story. (Page 1-24, Part K, 7d(1)). 9. C. Sit to the side and to the front... The interpreter should stand or sit...(Page 1-27, Part L, 4c). 10. A. Playing one suspect against the other. Playing one suspect against the other. (Page 1-24, Part K, 7d(3)). 11. D. The questioning of a person who is ready... Interview. (Page 1-2, Part A, a). 12. A. Stop all questions and advise... However, if during an interview the person...(Page 1-7, Part D,

c(3)(e)). 13. C. Have the person tell his story in his own way. The person should be allowed to tell...(Page 1-15, Part J, 5). MP0018 1-42

14. B. Wait until the interviewee has finished... Notes, however, should not be taken...(Page 1-16, Part J, 7a). 15. C. Did you see the suspect leave the scene. If possible, prepare a list of...(Page 1-5, Part C, d). 16. B. The presence of a female witness to the... Female subjects. (Page 1-13, Part H, b). 17. B. 1SG Charlie, complainant. Complainant. (Page 1-15, Part J, 6a). 18. A. I, II, and III. For the MPI to develop such skills...(Page 1-2, Introduction). 19. C. Under duress. Interviewing or questioning one in the...(Page 1-13, Part H, a). 1-43 MP0018

LESSON 2

PROTECTION AND PROCESSING OF THE CRIME SCENE Critical Tasks: 191-377-5210 191-377-5204 191-376-5124

OVERVIEW LESSON DESCRIPTION: In this lesson you will learn to supervise the security of a crime scene, review MP records and forms and identify evidence/contraband. TERMINAL LEARNING OBJECTIVE: ACTION: Protect, process, and record the crime scene. CONDITION: You will have this subcourse, pencil, and paper. STANDARD: You must earn a score of 70 percent on the final examination. REFERENCES: The material contained in this lesson was derived from the following

publications: FM 19-20, FM 19-10, STP 19-95B1-SM, FM 19-15, and STP 19-95B24-SM-TG.

INTRODUCTION a. The success or failure of an MP investigation largely depends upon how thorough and immediate it is. What the MP does or fails to do in the earliest phase may well determine whether the offender is identified. It may determine if he is apprehended or goes undetected. Positive and effective MP action in this vital stage is also a main factor in determining the final outcome of the case. b. The purpose of this lesson is to help you do two important things in the preliminary investigation. 'It teaches you about the protection (preserving) of the crime scene. It also teaches procedures for the processing of the crime scene. This would include recording the scene in your investigative notes.

PART A - THE SCENE. a. The crime scene is the site where a crime occurred. It is where any overt act occurred relating to the offense. It is also the main site of a crime from which investigative efforts will begin. 2-1 MP0018

b. MPs must arrive at the scene of a crime as soon as possible. At this time the scene is the source of the most productive evidence. The offender was there or may still be present. Physical evidence in the form of weapons, tool marks, fingerprints, footprints, tire marks, and fibers may also be waiting for the scrutiny of the MPI. c. The value of the crime scene rapidly vanishes. Rain, snow, or wind, or in some cases, the victim, may destroy traces of the offender. A few minutes may mean the difference between finding abundant evidence or finding little or nothing. d. Preservation of the crime scene then becomes the responsibility of the first MP on the scene. His swift arrival may stop the destruction or contamination of physical evidence. It may prevent further injury or loss of life or the loss of valuable witnesses.

PART B - PROTECTION OF THE CRIME SCENE. a. When an incident or crime is within the MP scope of interest and jurisdiction, normally one or more MP patrols will arrive at the scene first. These MPs should take steps to protect the scene and secure the names and addresses of witnesses. b. Every care must be taken to preserve the integrity of the scene. This will ensure that no evidence is lost, mutilated, destroyed, altered, rearranged, concealed, or removed by unauthorized persons. c. The type of protective action to take depends upon the location, size, and area of the crime scene. It depends also on the type evidence found and the progress of the investigation. Security may be had in one or more of these ways: (1) Roping off the area. (2) Setting fixed and/or roving, dismounted patrols. (3) Using motorized patrols. d. MP protection not only preserves the integrity of the evidence found at the scene; it also denies access to it by unauthorized persons. (1) When first aid is necessary, evidence takes second place. A crime scene may be disturbed as necessary to give first aid, evacuate the injured, or to have persons pronounced dead at the scene by a medical doctor. If evidence must be moved in these cases, its position should first be marked or outlined for future reference. (2) Appropriate action must be taken to protect some evidence. This would include evidence which may be destroyed by rain, snow, fire, or other causes before examination. The following are only a few of the actions which may be taken: MP0018 2-2

(a) Cover prints in soil with a raincoat or piece of canvas. If the print is in the snow, place a box over it. (b) Items which may melt should be shielded from the sun or sources of heat. (c) Perishables, such as food and blood, must have great care so as not to be contaminated or destroyed. (3) Protection of a crime scene is of utmost importance. It is a continuous process. It lasts until the investigator or MPs have thoroughly processed and released the crime scene.

PART C - PROCESSING THE CRIME SCENE. MPs will often be responsible also for processing certain crime scenes. All incidents not investigated by the CID are the responsibility of the MPs. It is important then that you learn the skills and techniques to effectively process a crime scene. The competent and professional way in which it is processed will have a direct effect on the success of the whole investigation. a. Initial Action at the Scene. (1) Record the date, time of arrival, and weather conditions. (2) Give medical attention, if needed. Provide for identification and removal of injured personnel. If the scene is disturbed doing this then, the alterations should be duly noted. (3) If the offender can be identified and is at the scene, he will be apprehended. If he is not there but is identified by witnesses, or by evidence, relay such information to the desk sergeant. He can then alert all patrols and other police agencies to apprehend him. (4) If it is found that the scene is not fully protected, positive steps should be taken to do so by using more MPs. More MPs may be required once the local people learn that an incident has occurred. (a) It may be necessary to reroute traffic. You may need to bar entry to employees of a shop, etc. (b) Action must be taken to protect any evidence which may be destroyed. (5) The names of those persons at the scene who may be witnesses should be recorded. These persons should be removed as soon as possible. (6) Preliminary questioning of witnesses, suspects, and victim(s) is required to determine the general extent of the incident or crime. 2-3 MP0018

(7) Identification of all persons officially present is required; only the least number needed to help should be allowed to remain. b. Searching the Scene for Evidence. Each crime scene is different. Therefore, each must be processed differently. However, MP crime scene processors should proceed generally as follows: (1) First, a general survey of the scene should be made. This should include noting the location of obvious traces of the crime. It should include also the probable entry and exit points used by the offender, and the size and shape of the area involved. (2) In rooms, buildings, and small outdoor areas, a systematic CLOCKWISE search for evidence is begun. (Any other systematic method may be just as effective. However, in the interest of developing a consistent method, it is recommended that the clockwise movement be used.) This includes the floors, walls, and ceiling. Each item found should be examined for evidentiary value. Examination should ensure that the following steps are done: (a) Protect fragile pieces of evidence. These are those that may be destroyed or contaminated if not collected and preserved when found. Such items may be collected earlier than the other evidence to prevent contamination. However, first photograph the fragile evidence. Then record it in your notes. (b) Doubtful items are considered as evidence until proven not. (c) Items or areas where latent fingerprints may be present are closely examined; action is taken to locate and protect all fingerprints. (d) Protect any impressions of value as evidence. In so doing, photographs, sketches, casts, or molds can be made if needed. (e) Stains, spots, and pools of liquid within the scene are treated as though they are of value until proven not. (f) Particular odors coming from the scene are noted. (g) Hairs, fibers, and earth particles foreign to the area are handled as evidence. (3) The search for evidence is initially completed when: a thorough examination of the scene is done and a rough sketch is made; necessary photographs and investigative notes must also have been made; the MP crime scene processors have evaluated all evidence and statements. (4) In large outdoor areas, divide the area into strips about 4 feet wide. First, the strip on the left is searched, and then the adjoining strip; this procedure is repeated until a thorough search of the whole area has been done. It may take a long time to search a large area; however, it is a must MP0018 2-4

that the search be done. Failure to note evidence or to take proper action in a large area is as damaging to the investigation as it would be in a small room. (5) It may be well to search some distance beyond the immediate crime scene. Evidence may indicate that the criminal disposed of an item of evidence at some distance from the scene. If this is the case, more MPs should be called to aid in the search. All personnel involved must be thoroughly briefed.

PART D - INVESTIGATIVE NOTES. Any MP on routine patrol or investigative duty, must consider notetaking necessary in a professional duty performance. Prompt recording of all information regarding an incident, accident, or crime serves to help him to recall pertinent details. a. Type of Notebook. The notebook should be one carried easily in a pocket. Local policy will govern whether the bound or looseleaf notebook is used. It may be left to the discretion of the person. Each type has its advantages and disadvantages. (1) The looseleaf notebook's pages can be easily removed for filing. Such removal can occur after the notes on a certain case have been completed and proper reports done. However, the ease with which they may be removed is also the main disadvantage. Pages may become accidentally detached and lost. Also, a legal courtroom objection may arise. The court may claim that certain notes may have been deleted. Or they may claim notes have been changed just by removing a certain page or by substituting another. (2) In a bound notebook, notes remain intact; the pages normally cannot be lost; and any removal of pages is noticed. If the notes are needed in court, notes of other cases may be compromised if they are kept in the same notebook. The use of a bound notebook may mean the use of a separate one for each incident or investigation. b. Investigative notes are used later in recalling places, events, incidents, and other pertinent facts. They should contain information pertinent only to that one investigation. All notes of a personal nature, extra information, or personal opinions are to be omitted. Investigative notes are the property of the US government. They are filed with the case upon completion of the investigation. (1) Notes should be accurate, complete, and legible. Other investigators or MPs may need the notes to continue the investigation. Therefore, the use of shorthand or abbreviated writing techniques should be avoided. Short phrases or complete sentences should be used. Only authorized and commonly used and understood abbreviations should be used. If a mistake is made in the notes, line out the error and initial. This keeps anyone from claiming that the notes were changed. No erasures. 2-5 MP0018

(2) Normally, the first entry in the notes should relate to the complaint. Include the date and time the complaint was received, the name of the complainant and the names of victims or suspects. Include, also, the location of the crime or incident, the substance of the complaint, and the complaint and report number if known. All persons should be fully identified when first mentioned in these notes. (3) One of the best methods by which you can learn the skill to take such notes regarding the crime scene, is to proceed step-by-step using the following guide.

PART E - RECORDING THE CRIME SCENE. This section is to provide you with a step-by-step method for taking investigative notes and recording the crime scene. You will also learn how photographs and sketches become an integral part of this. Keep in mind that the following is a suggested sequence for notetaking. REMEMBER: The name of the investigator, the case number, and the date must be recorded on the uppermost right-hand corner of each page of notes. Each is then numbered in sequence at the bottom center. STEP 1. RESPOND TO NOTIFICATION: a. Record the time, date, and how the incident was reported to you and

the military police. b. Note the time, date, and location of the incident. c. Obtain full identification, addresses, and telephone numbers of

persons related to the incident. d. Learn the WHO, WHAT, WHERE, WHEN, WHY, and HOW of the incident. MP0018 2-6

EXAMPLE:

SSG Shawn L. KELLY MPR 0154-8X 24 Dec 8X 0730 HRS Received telephone call from SFC Charles E. BLAIR, 146-20-9823, 53d MP

Co., MP Desk SGT, PMO, Ft McClellan, AL 36205-5234 (FMA), reporting that about 0710, 24 Dec 8X, he received a telephone call from SSG Leroy M. Nelson, 575-40-8723, Opns SGT, 3d Ord Co., TP 4867 or 5422, FMA, who related that while walking through the unit barracks about 0700, 24 Dec 8X, he discovered a "murdered" soldier in room #6, Bldg #S-3251-B, FMA. NELSON identified the victim as SPC Peggy M. STANLEY, a member of his unit. BLAIR stated that the MPOD, MP Plt Supr, and one MP Ptl unit were at the scene. BLAIR further advised that a doctor and ambulance had been summoned.

STEP 2. TAKE INITIAL ACTIONS ON ARRIVAL AT THE SCENE: a. Verify the scene as the one reported. b. Record weather conditions, unusual odors, and the full

identification (ID) and status of person(s) at the scene. c. Set up scene security or note how it is established. d. Call for more investigative or security help if needed. e. Decide the search and processing method to be used.

NOTE: Record the room number and location of the room within the building; building number, color, number of floors, type of construction, principal use of the building, and geographical location of the building on the installation.

Record the sky conditions; wind factor; humidity; and visible

air pollution. Estimate the temperature in degrees Fahrenheit for both inside and outside the crime scene. Include the visible condition of the grass and ground around the crime scene.

Complainants, witnesses, and suspects must be identified and

removed from the immediate area of the crime scene as soon as possible. These persons must be separated as soon as possible in order to prevent distortion by suggestion.

2-7 MP0018

The crime scene investigator must be certain that control and security of the crime scene is maintained until it has been completely processed and released.

EXAMPLE:

0740 HRS Crime scene verified upon arrival to room #6, Bldg #S-3251-B, FMA. Room #6 is located in the SE corner of the building which is white and green in color, single floor, metal and cinder block-type constructed troop barracks, adjacent to E side of 14th Avenue about midway between 20th Street and Baltzell Road, FMA. Weather conditions are partly cloudy, cold, windy, moderate humidity, no visible air pollution; inside temperature approximately 68 degrees F, outside about 34 degrees F, the grass and ground are wet with frost. There are no unusual odors detected, inside or outside, at this time. Upon arrival at the scene, I am met by 2LT Tim K. WINKLER, 416-30-6743, MPOD, SFC Cleophus A. LITTLE, 616-40-9839, MP patrol supervisor, SGT Deborah A. DUNN, 575-20-6742, and SPC Anthony R. KUPUKA, 575-40-8721, MP patrol unit. All individuals are assigned to the 53d MP Co. and are the responding MP on duty. WINKLER stated that he had checked the victim for signs of life upon arrival about 0720, this date, and that she was obviously dead. He further advised that crime scene security had been established upon arrival; that evidence items had not been touched or moved nor had the scene undergone any physical change as the result of weather or other actions. Crime scene security is adjusted by my posting LITTLE at the entrance/exit to room #6; DUNN at the E main entrance to the building; and KUPUKA at the W main door to the building. All are specifically instructed to allow no one to enter or exit their posts without my prior approval. WINKLER is requested to establish a VIP briefing point where the driveway enters the parking lot adjacent to the S side of the building. WINKLER is further requested to maintain an accurate roster in the event crime scene security MP are changed or relieved and to ensure that scene security instructions are properly passed on. There is no additional investigative or security assistance required at this time. I will search and process the scene using the clockwise circle method where possible.

STEP 3. SCAN THE SCENE:

a. View and record the central theme of items (common name) and their

general location. MP0018 2-8

b. Check for injured persons, noting any information and actions pertaining to them. SAVING HUMAN LIFE TAKES PRIORITY OVER EVERY OTHER CONSIDERATION OR ACTION.

c. Spot fragile evidence requiring immediate attention to avoid loss.

NOTE: During this initial observation, the investigator should also

record the general positions of doors and windows; if doors and windows are open or closed and any visible locking devices; if drapes, curtains, or blinds are open or closed and if lights are on or off and locations of the switches.

EXAMPLE: 0742 HRS Initial observation reveals the door to the room is open and the lights

are on. There is the body of an apparent Caucasian female, partially clothed lying on her back on the bed. There is an apparent gunshot entry wound to the throat. There is a pistol and shell casing on the floor, a red blood-type stain on the chair seat, red handprinted-type block letters "BR" on the N wall near the SE corner of the window and a "Jim Beam" whiskey bottle on the dresser top. The window in the N wall is closed. There is a wall locker in the NW corner of the room with the door closed. There is no sign of a locking device on the locker or dresser. There are no drapes, curtains, blinds, or shades on the window. There is no fragile evidence requiring my immediate attention noticed at this time.

STEP 4. CHECK SEEMINGLY DEAD VICTIMS FOR SIGNS OF LIFE: a. Check for evidence of pulse or respiration. b. See if the skin is cold and clammy to the touch. c. Check victim's response to finger pressure to the eyes. d. Look for wounds on the body. e. Mentally note any visible signs of exit wounds for follow up when

looking for evidence. f. Note the extent of bleeding, color of blood, and signs of drying. g. Note signs of livor mortis and/or rigor mortis and their location

on body. 2-9 MP0018

h. If there is ANY sign that a victim may be alive, give first aid and take action to evacuate the victim to the nearest medical facility, then describe your actions in your notes.

EXAMPLE: 0743 HRS I checked the victim for signs of life. There is no pulse or

respiration evident; the skin is cold and clammy to the touch and there is no response when finger pressure is administered to the victim's eyes. There is no visible bullet exit wound or other injuries on the body. There is minimal bleeding, dark brown in color, indicating drying. Rigor mortis is present in the chin, neck area, and upper portions of the arms. Livor mortis appears fixed in the heels, feet, and palms of the hands.

STEP 5. RESPOND TO THE ARRIVAL OF THE DOCTOR: a. Obtain the full ID, unit, and telephone number of attending doctor. b. Get the name and location of the medical facility where the victim

is to be taken. EXAMPLE: 0747 HRS Doctor (MAJ) Carlos V, RAMIREZ, 413-40-9256, Noble Army Hospital (NAH),

FMA, arrives at the scene. RAMIREZ's office telephone numbers are 9988 or 3112.

STEP 6 RECORD THE ACTIONS OF THE DOCTOR: a. Note the time at which the doctor pronounces a victim dead. b. Obtain his opinion of the cause and means of death. c. Get a copy of the death certificate. d. Learn the time, date, and location of the autopsy. e. Obtain the full ID of driver and ambulance and note if he is

standing by or on call. f. Ensure the body is not covered until you are ready to release it.

Premature covering of a body can destroy or alter valuable evidence.

NOTE: Chalking the outline of the body should be done only if the

body must be moved prior to completing processing. MP0018 2-10

You should arrange with the doctor for a copy of the death certificate and to be present at the scheduled autopsy.

The specific time the doctor departs the scene should be

noted. EXAMPLE: 0749 HRS RAMIREZ pronounces the victim dead. He declined to voice an opinion to

the time or cause of death. He stated that the cause, and possibly the means of death, could be rendered after the autopsy had been performed. RAMIREZ stated that he would provide my office with a copy of the death certificate and advance notice as to the time, date, and location of the autopsy. RAMIREZ requested that I call his office for a driver and vehicle when I am ready to release the body. RAMIREZ departed the scene at 0800.

STEP 7. BEGIN DRAWING ROUGH CAMERA SKETCH TO DEPICT CAMERA POSITIONS AND

DISTANCES. a. Record all identifying data, giving the what, when, and how of the photographic efforts. b. Depict the camera positions, photo number, and distances to the focal point on the camera sketch. c. Record the required elements of a rough camera sketch, citing pertinent items of evidence, and providing caption, legend, compass direction north, scale, and title block. d. No maximum photos are required at any given crime scene; however, the following photos are the minimum required photos: (1) Overall approach of entrance-exitway. - One photo. (2) Closeup of entrance-exitway. - One photo. (3) 360 degree interior. - Minimum three photos. (4) Evidence establishment. - Minimum one photo per item of evidence. 2-11 MP0018

(5) Evidence closeup without ruler. - One photo. (6) Evidence closeup with ruler. - One photo. (7) Body ID and position. - Head and shoulders/one full length/90 degree to full length. (8) 360 degree exterior. - Minimum two photos. (9) Outside establishment. - One photo.

NOTE: There may be an integrity photo taken as this particular photo

is optional. Integrity photos are normally taken only when no injury or death is obvious and would depict the entire overall scene. This photo is taken before entering the scene to prevent ruining evidence as seen in their initial state. The integrity photo if desired should be taken after the closeup of the entrance exitway and before the 360 degree interior photos.

NOTE: The technical history of the camera and equipment as well as

the identifying data of each photograph may be recorded on an attached photograph log.

EXAMPLE: 0805 HRS Began drawing rough sketch and taking photographs at the crime scene.

See the photograph log on the following pages and rough camera sketch for details. (See Figure 2-1.) NOTE: When accomplishing the photo log, each photo is taken, the log

is immediately annotated, and then drawn in the sketch.

MP0018 2-12

2-13 MP0018

MP0018 2-14

2-15 MP0018

MP0018 2-16

2-17 MP0018

Figure 2-1. Rough Sketch Depicting Camera Position and Distances. MP0018 2-18

STEP 8. RECORD OVERALL OBSERVATIONS, ACTIONS, AND DESCRIPTIONS IN YOUR NOTES: a. Describe the crime scene, including the room's (1) Floor, walls, and ceiling. (2) Entrance/exit way and door. (3) Windows and screens. (4) Light fixtures and outlets. (5) Natural lighting conditions. (6) Appliances and/or utilities. (7) Ashtrays, trash cans, and other containers and their visible

contents. (8) Furniture and any visible damage. (9) Visible personal items of clothing and equipment. b. Describe all evidence by common name and general location. c. Using the recommended seven step method of description, cite: (1) Quantity. (2) Item. (3) Color. (4) Type of construction. (5) Approximate size. (6) Identifying features. (7) Condition. d. Note the absence of evidence or information that, based on the

complaint, could be expected to be present (negative evidence).

NOTE: The overall must include a "word-picture" of the victim(s) and any visible wounds, if appropriate.

2-19 MP0018

EXAMPLE: 0945 HRS Began recording overall observations, actions, and descriptions. Room

#6 is about 10 ft by 9 ft; the floor is covered with vinyl-type tiles, about 12 in square, tan in color with brown marbling effects. The floor is clean and appears to be heavily waxed; there are no visible shoe impressions or scuff marks. The four walls are about 8 ft high and extend from the floor to the ceiling. The S, E, and W walls are green in color, plywood like construction; the N wall is white in color and constructed of concrete-type cinder blocks. The ceiling is white in color, plywood like construction and appears to be level.

There is an entrance/exit located in the west side of the south wall of

the room about 1 ft from the southwest corner of the room. The entrance/exit is about 3 ft wide by 7 ft high, with a brown in color, wood-type door attached to the east side of the frame. The door is equipped with brass in color, metal-type door knobs without locking device. The door opens inward, is open at this time, and resting against the south wall.

There is a double sash window located in the approximate center of the

N wall. The window sash frames are silver in color, aluminum-type construction. The window frame is about 3 ft by 4 ft in size. Each sash contains two clear in color, glass-type panes, approximately 1 ft by 4 ft in size. The bottom sash is constructed to slide up and down. The window is closed and secured by a brass in color, thumb-type latch which locks the top and bottom sashes together from the inside. The outside of the window is covered with a wire mesh-type screen which is secured to the window frame with a small metal-type latch located at each of the four corners. Daylight is shining through the window.

There is a two-tube fluorescent light fixture located in the

approximate center of the room ceiling. The tubes are covered with a translucent, plastic-type covering, approximately 1 ft by 4 ft by 3 inches thick. Both tubes are on and controlled by an on-off switch located on the S wall about 4 inches from the E edge of the door frame and about midway between the floor and top of the frame.

There is a double female electrical-type outlet located on the W wall

about 1 ft from the floor and approximate 3 ft S of the NW corner of the room. The outlet is flush in the wall and covered with a green in color wall plate about 4 in by 5 in and bears numerous chips, marks, and scratches. There are no ashtrays, trash cans, or other signs of human habitation at the scene and no unusual damage to property or equipment noted at this time.

There is a dresser in the upright position on the floor, back flush

with the W wall, one side about 3 ft from the S wall. The MP0018 2-20

dresser is brown in color, wood-type construction, approximately 3 ft wide, 2 ft deep, and 4 ft high, with two half-drawers at the top and four full length drawers below. The drawers are equipped with brass in color, metal "D" ring handles. All drawers are in the closed position; no visible locking devices. The dresser bears several chips, marks, and scratches.

There is a wall locker in the upright position on the floor with the

back flush against the W wall and one side flush with the N wall. The locker is green in color, metal-type construction approximately 2 ft wide, 2 ft deep, and 6 ft high with a single full length door. The door is equipped with a factory installed locking device with an exterior, silver in color, metal-type locking handle, designed to be secured with a padlock. The door is further equipped with a hasp and "D" ring locking device, metal-type construction designed to be secured with a padlock. The door is in the closed position; no padlocks present. The door is marked near the top "SECURE YOUR LOCKER" in white in color, stencil-type block letters, each about 1 in by 2 in high. The locker is dented, soiled, and bears numerous marks, chips, and scratches.

There is one straight back-type chair in the upright position on the

floor, back flush with the E wall and one side flush against the N wall. The chair frame is gray in color, metal-type construction, approximately 2 ft square by 2 ft high (seat top), with gray in color, vinyl-type seat cushion and back rest. There are no visible marks, scratches, or damage to the chair.

There is one bed in the upright position on the floor with the head

flush against the S wall and one side flush with the E wall. The bed frame is gray in color, metal-type construction, about 7 ft by 3 ft by 2 ft high, containing one mattress covered with two green in color, wool-type blankets, squared hospital-type corners, one of which is made into a dust cover on the S end of the mattress. There are several marks, chips, and scratches on the bed frame.

There are no visible personal items of clothing or equipment in the

room at this time. There is a pistol without magazine, lying on its left side on the

floor, about 2 ft E of the SE corner of the dresser. The pistol is black in color, metal-type construction with brown in color plastic-type hand grips. It appears to be a standard issue caliber .45, semi-automatic, Army pistol. The slide is in the forward position, hammer down, with the barrel pointing SE and the magazine well facing SW; manufacturer markings "United States Property No. 854435 M1911A1 U.S. Army" on the receiver group, side facing up. The pistol appears scratched and scuffed on the slide and receiver group, side facing up.

2-21 MP0018

There is a "Jim Beam" whiskey bottle sitting upright, flush on NW top corner of the dresser. The bottle is clear in color, glass-type construction, approximately 4 inches square and 9 inches high. A multi-colored paper-type label covers most of the outside body of the bottle on the sides (as observed) facing N, S, and E and a small paper-type label is attached to the outside surface facing W. The labels are marked: "SINCE 1795...JIM BEAM KENTUCKY STRAIGHT BOURBON WHISKEY DISTILLED AND BOTTLED CLERMONT-BEAM KENTUCKY EIGHT SIX PROOF..." There is raised glass-type lettering 'SINCE 1795" at the base of the bottle neck and on all four sides. There is raised glass-type lettering at the base of the bottle "SINCE 1795" on the N, S, and W sides and "4/5 QUART" on the E side. There is a seam on the N and S sides of the bottle, extending from the base to the top of the neck. There is a white in color, plastic-type bottle cap affixed to the bottle mouth. There is a Georgia tax stamp number 5877334098 attached to the bottle at the base of the neck, an IRS tax stamp number 00180136 covering the N and S sides of the bottle neck and cap, broken at the base of the cap on each side. There are no visible contents in the bottle.

There is one shell casing on the floor, about 3 ft E of the SE corner

of the wall locker; brass in color, metal-type construction approximately 1/4-inch diameter by 1-inch long. It appears to be a caliber .45. The open end is facing W and the primer end is facing E. There is a small round indentation in the approximate center of the primer end and small ejection mark on the edge of the rim. There are manufacturing markings "WCC 76" around the edge of the rim of the primer end.

There are letters "BR" on the surface of the N wall (on one cinder

block), about 6 inches SW of the SW base corner of the window. The letters are red in color; blood-type construction, longest overall dimension is about 6 inches; appears to have been block printed by hand. The substance appears to be dry at this time.

There is a stain on the approximate center of the chair seat; red in

color, blood-type construction, oval in shape, longest overall dimension is about 6 inches. The substance appears to be dry at this time.

The victim is lying on her back on top of the blankets in the

approximate center of the bed with the back of her head resting on the dust cover, legs are extended straight, toes up with the heels about 4 inches apart; arms are extended and parallel with torso, fingers extended, palms down, about 3 inches from the hips. The victim appears to be a Caucasian female, 25 years old, 5 ft., 4 inches tall, 120 pounds, blonde collar length curly hair, blue eyes, fair complexion, dressed in a blue, knee length single piece cloth-type dress with a white crochet cotton-type border on the open dress collar. The victim is wearing cosmetic-type makeup on

MP0018 2-22

the eyelids, eyebrows, and eyelashes, face, and lips. The victim is not wearing shoes, nylons (pantyhose), gloves, or jewelry.

There is what appears to be a large caliber, intermediate range gunshot

entry wound to the throat of the victim, about 3 inches below the chin. No exit wound is visible. There is a strippling and tattooing around the wound, minimal bleeding, dark brown in color, indicating drying. There is reddish brown, dry appearing, exudates at the nostrils and corners of the mouth, extending down the sides of the neck, below the ears, to the surface of the bed.

There is a fiber resting on the web between the index and middle

fingers of the victim's left hand; white in color with red blood-type stains; red and white in color, cloth-type construction, approximately 1/16 inches in diameter by 1 inch long. The top end of the fiber appears to be frayed. Stains appeared to be dry.

There are no signs of a struggle in the room, no bullet holes or

projectiles are visible and no signs of blood or other body fluids on the bed or floor. There are no signs of the victim's shoes, purse, or jewelry at the scene.

PART F - SKETCHES.

a. Rough sketches are made in pencil at the scene of the incident by the investigator. They are verified by a reliable witness as to their preparation. Once the sketch has been completed and verified, it should not be changed. A rough sketch need not be to scale, but should be proportionate. It should include enough details and measurements to accurately represent the scene. b. Sketches are used to refresh the investigator's memory in court. They are often effective for giving court members a true idea of what occurred at the scene. c. Sketches normally represent only those items of interest to the case; photos are used to show every object within range. Enough of the items at the scene should be represented on the sketch to give it meaning and clarity. d. Finished drawings (from the rough sketch) may or may not be drawn to scale. These are often used as case report exhibits in court. Finished drawings are normally drawn by skilled draftsmen. The investigator who made the rough sketch "verifies" these drawings as to the contents and accuracy of measurements. Both the rough sketch and the finished drawing may be used as exhibits. e. Materials required for sketch making should include: (1) A pencil, normally of soft lead (No. 2). (2) Paper. 2-23 MP0018

(3) Clipboard. (4) Measuring tape, at least 100 feet in length. (Steel tape is recommended.) (5) Ruler. (6) Compass. ELEMENTS OF A SKETCH: a. A legend is used to avoid cluttering up the sketch. All pertinent evidence or items should be shown in the legend. Include therein items on the sketch which require clarification as to name. b. Rough sketches are normally "not to scale." If a scale is used, it must be in conventional measurements adaptable to the scene. Steps or paces are not used. c. For clarity, all rough sketches should include a caption as to its purpose at the top center. They should also show the direction of "NORTH" indicated in the bottom center between the legend and title block. "NOT TO SCALE" should be written at the bottom. Center the legend at bottom left, the title block at bottom right. Include enough accurate measurements to give the items proportion and perspective. d. Three separate sketches are recommended to prevent photographic actions and measurements from being cluttered. e. Caption examples: (1) "Rough sketch depicting camera positions and distances." (2) "Rough sketch depicting evidence measurements and triangulation." (3) "Rough sketch depicting evidence measurements and triangulation (inside surface north wall). f. Title block must include in the following order: (1) Case number (if known). (2) Offense. (3) Scene portrayed. (4) Location. (5) Victim (if known). (6) Time/date began. MP0018 2-24

(7) Sketched by. (8) Verified by. TRIANGULATION METHOD: a. The triangulation method is used by military police and USACIDC. In the triangulation method, objects are located and depicted by creating a triangle of measurements from a single, specific identifiable point of the object to be fixed to two fixed points, on the same plane (level), at the scene. Where appropriate, each object is fixed by two separate triangles related to opposite points on the same object. b. Triangulation - regular shape items. Regular shape items are fixed by creating a minimum of two separate triangles of measurements. Each triangle must originate at opposite specific identifiable points of the object and terminate at two fixed points, on the same plane (level), at the scene. This is commonly known as the "2-V" method of triangulation. c. Triangulation - pliable items. Pliable (flexible) objects are fixed by creating a single triangle of measurements from the center of mass of the object and terminating at two fixed points, on the same plane (level), at the scene, and measuring the longest overall dimension (pattern size) of the object. d. Triangulation - rules. In the interest of evidence integrity and accuracy, the following general rules apply in triangulating evidence and other important items. (1) Triangulate from the object (without moving or touching it) to the fixed points, if possible. (2) Triangulation measurements must originate and terminate on the same plane (level). The words "top" and "base" are key terms in the notes. Take measurements along a flat, level plane at ground or floor level when possible. (3) Do not triangulate under or through other evidence. (4) Do not triangulate evidence to other evidence that has been fixed. STEP 9. BEGIN DRAWING ROUGH EVIDENCE SKETCH SHOWING PLACEMENT OF EVIDENCE AND

CITING MEASUREMENTS AND TRIANGULATION OF EVIDENCE: a. Measure, accurately, the room, walls, entrance/exit way, door, window,

and furniture. b. Using the appropriate means, "fix" both regularly-shaped items and

pliable items of evidence. 2-25 MP0018

c. Record the measurements and triangulation of evidence in your notes

and on your evidence sketch. Height measurements are not required on sketches.

NOTE: Cross-projection in sketching is required when evidence items or

locations of interest are on or in the wall surfaces as well as elsewhere in an enclosed space. The walls, windows, and doors in a cross-projection sketch are drawn as though the walls (ceiling and furniture, if appropriate) had been folded flat on the floor with the inside (or outside) surface projected up.

EXAMPLE: 1115 HRS Begin making the required measurements of the scene and triangulating

the evidence. Rough sketch of room #6 is attached. (See Figure 2-2.) Each measurement should be recorded on the notes and plotted on the sketch.

ROOM: 9 feet, 4 inches long (inside wall, SW to NW base corners). 9 feet, 6 inches wide (inside wall, NW to NE base corners). 7 feet, 9 inches high (inside walls, floor to ceiling, at four corners). ENTRANCE/EXIT WAY: 2 feet, 8 inches wide (inside of frame, NW to NE base corners). 6 feet, 9 inches high (inside of frame, NW base to NW top corners and NE base to NE top corners. Fixing measurement - 8-1/2 inches from the NW base corner of entrance/exit way frame to the SW base corner of the room. Door - 2 feet, 7 inches wide by 1-1/2-inch thick by 6 feet, 8 inches high. WINDOW: 4 feet, 0 inches high (inside of frame, SE base to SE top corners and SW base to SW top corners). 3 feet, 4 inches wide (inside of frame, SE to SW base corners). Fixing measurement -"From the SE base corner of the window to a point on the floor directly below (using a plumb bob) is 2 feet 10

MP0018 2-26

inches. From that point on the floor to the NE base corner of the room is 3 feet 3/4 inch." DRESSER: 3 feet, 1/2 inch wide (SE to NE base corners). 1 foot, 7 inches deep (SE to SW base corners). 3 feet, 9 inches high (floor to top at four corners). Fixing measurement - 3 feet, 3 inches from SE base corner of dresser to the SW base corner of the room. WALL LOCKER: 1 foot, 6-1/4 inches wide (SE to NE base corners). 2 feet, 0 inches deep (SE to SW base corners). 6 feet, 6 inches high (floor to top at SW, SE, and NE corners). CHAIR: 1 foot, 4 inches wide (NW to SW base corners). 1 foot, 4 inches deep (SW to SE base corners). 1 foot, 5-1/2 inches high (floor to top of seat of NW, SW, and SE corners). 2 feet, 8 inches high (floor to top of chair back at SE outside corner). BED: 6 feet, 7 inches long (SW to NW base corners). 3 feet, 1 inch wide (NW to NE base corners). 1 foot, 11 inches high (floor to top of mattress at NW corner). 2 feet, 2 inches high (floor to top of pillow at SW corner). PISTOL: From a point on the floor directly below the tip of the lanyard ring to: NW base corner of entrance/exit way - 3 feet, 10-3/4 inches.

2-27 MP0018

NE base corner of entrance/way - 3 feet, 1 inch. From a point on the floor directly below the leading edge of the front sight blade to: NW base corner of the bed - 4 feet, 6-3/4 inches. SW base corner of the bed - 3 feet, 7-1/2 inches. SHELL CASING: From the open end where it meets the floor to: NE base corner of the dresser - 3 feet, 2-1/2 inches. SE base corner of the wall locker - 2 feet, 5 inches. From the closed (primer) end where it touches the floor to: NW base corner of the bed - 2 feet, 1/2 inch. SW base corner of the chair - 3 feet, 8-1/2 inches. RED STAIN: Pattern size - 8 inches by 6 inches. From the center-of-mass to: NE top corner of the chair seat - 11 inches. SE top corner of the chair seat - 10 inches.

1250 HRS Began making the required measurements of the N wall of room #6 and triangulating the evidence. The attached rough cross-projection sketch of the wall is drawn as though it had been folded flat on the floor with the inside surface projected up. (See Figure 2-3.) Each measurement should be recorded on the notes and plotted on the sketch. NORTH WALL: 7 feet, 9 inches long (SE to NE corners). 9 feet, 6 inches wide (SW to SE corners). Reference Point #1 is a point on the N edge of the N wall, 3 feet 2 inches east of the NW corner of the N wall. Reference Point #2 is a point on the E edge of the N wall, 4 feet 7 inches south of the NE corner of the N wall.

MP0018 2-28

Reference Point #3 is a point on the S edge of the N wall, 3 feet 3/4 inch west of the SE corner of the N wall.

Figure 2-2. Rough Sketch Depicting Evidence Measures and Triangulation. 2-29 MP0018

WINDOW: 4 feet, 0 inches long (SE to NE corners). 3 feet, 4 inches wide (NW to NE corners). From the NW corner of the window to: NW corner of the N wall - 3 feet, 3 inches. Reference Point #1 is a point on the N edge of the N wall, 3 feet 2 inches east of the NW corner of the N wall. From the SE corner of the window to: NE corner of the N wall - 5 feet, 5-1/2 inches. Reference Point #2 is a point on the E edge of the N wall, 4 feet 7 inches south of the NE corner of the N wall. LETTERS "BR": Pattern size - 7 inches by 4 inches. From the center-of-mass to: Reference Point #3 is a point on the S edge of the N wall, 3 feet 3/4 inch west of the SE corner of the N wall. SW corner of the window - 10 inches.

STEP 10: MAKE A FIRST RECHECK OF THE SCENE: a. Search for visual evidence, recording your results. b. Process, by describing and recording, any evidence you discover in

the search or take actions you may have overlooked earlier concerning evidence.

EXAMPLE: 1310 HRS Conducted first recheck (visual search) of the crime scene which met

with negative results. STEP 11. BEGIN COLLECTING AND PRESERVING EVIDENCE: a. Check each item for trace evidence. b. Note any marks and or features not mentioned in your general

description in your notes. MP0018 2-30

Figure 2-3. Rough Sketch Depicting Evidence Measurements and Triangulation (Inside Surface North Wall).

2-31 MP0018

c. Mark each item with your initials, date, and time, for identification and record in your notes where on the item you placed the marks.

d. Place evidence that cannot be marked (items that are fragile, of

high intrinsic value or that are too small) in a suitable container, seal the container, and mark the container with your initials or signature and the date and time. NOTE: Include the CID control number or MPR number, as appropriate.

e. Record each item of evidence on an evidence custody document DA

Form 4137 and tag with DA Form 4002. EXAMPLE: 1315 HRS Began collecting and preserving evidence.

PISTOL: Checked for additional and or trace evidence -negative results; the pistol is NOT loaded. Additional marks and or features - Mfg. markings "PATENTED APR. 20 1897...AUG 19, 1913 COLT'S PT. P.A. MFG. CO. HARTFORD, CT. USA" on the slide, the side that was facing down. Marked on slide, barrel, and receiver, SLK, 24 Dec 8X, 1322. Tagged with DA Form 4002 (See figure 2-4) and entered on DA Form 4137 (See Figure 2-11). BOTTLE: Checked for additional and or trace evidence -negative results. Additional marks and or features - Mfg. markings in raised glass lettering on the bottom "LIQUOR BOTTLE KY-DRB-230 60 16 70." Marked on bottom and inside base edge of cap, SLK, 24 Dec 8X, 1329. Replaced cap onto the bottle. Tagged with DA Form 4002 (See Figure 2-5) and entered on DA Form 4137 (See Figure 2-11). SHELL CASING: Checked for additional and or trace evidence - negative results. Additional marks and/or features - Mfg. markings "REM-UMC 45 AUTO" around the outside edge of the primer end.

MP0018 2-32

Placed in a clean manila envelope, both envelope and seal marked, SLK, 24 Dec 8X, 1335, MPR 0154-8X. Tagged with DA Form 4002 (See Figure 2-6) and entered Da Form 4137 (See Figure 2-11). RED STAIN: Checked for additional and or trace evidence - negative results. Additional marks and or features - none. Collected the stain by cutting out a 12 inch square section of the vinyl-type chair seat covering bearing the stain. There is sufficient unstained seat covering to provide control samples of the chair seat contaminants. The stain is dry. Placed in clean manila envelope, both envelope and seal marked, SLK, 24 Dec 8X, 1400, MPR 0154-8X. Tagged with DA Form 4002 (See Figure 2-7) and entered on DA Form 4137 (See Figure 2-11).

NOTE: REFERENCE 0749 ENTRY. CALLED DR. RAMIREZ'S OFFICE, MS LILY MONTEZ,

AND REQUESTED A DRIVER AND VEHICLE TO TRANSPORT VICTIM TO THE MORGUE. ALSO CALLED SA STANLEY OF MY OFFICE AND REQUESTED AN AGENT TO THE SCENE TO ACCOMPANY THE BODY. REQUESTED PERSONS AND EQUIPMENT ARE IN ROUTE.

FIBER: Checked for additional and/or trace evidence - negative results. Additional marks and/or features - the frayed end appears to have been torn from a garment. Stains are dry. Placed in clean pill box, both box and seal marked, SLK, 24 Dec 8X, 1420, MPR 0154-8X. Tagged with DA Form 4002 (See Figure 2-8) and entered on DA Form 4137 (See Figure 2-11).

Checked the letters "BR" for additional and or trace evidence - negative results. The letters are dry. Placed a clean shoe box lid cover over the letters, securing the edges with tape, to protect and preclude any possible cross-contamination. Marked both lid and tape, SLK, 24 Dec 8X, 1436. Called Facilities Engineer Office, TP 5133, Ms. Telia W. DUNNAVANT, and requested an employee, with necessary equipment, respond to the scene as soon as possible to remove the cinder block bearing the letters "BR." Appropriate employee with equipment should arrive within the hour. 2-33 MP0018

Also coordinated this action, in person, with CPT Scott M. KING, 416-30-1987, Commander, 3d Ord Co., FMA. KING confirmed the identity of the victim as SPC Peggy M. STANELY, 418-40-3911, a member of his unit. STEP 12: READY THE BODY FOR RELEASE:

a. Check under the victim (and around and under the bed, if victim is in bed) for visible and trace evidence. Check again for signs of exit wounds to help in your search for projectiles.

b. Secure paper bags over the victim's hands and feet. c. Wrap the victim in bed linen and place in a clean body bag. d. Release the victim to the ambulance driver. e. Record the full ID of the investigator accompanying the body to the

morgue and any special instructions given to him. f. Take photo of surface where body was lying and enter data on

sketches and notes. g. If new evidence is found, describe, photograph, sketch, triangulate

if need be, and collect each item.

NOTE: Prior to releasing the body, the investigator should have noted the following information:

(1) Arrangements for the driver and ambulance (full ID of driver

and ambulance identification). (2) Identification of the victim confirmed by the commander of

other responsible individual in the unit. (3) Called your office and requested a special agent respond to

the scene to accompany the body to the morgue. (4) Called the appropriate office for an employee with the proper

equipment respond to the scene if it is necessary to damage, partially destroy, or other wise decrease the effectiveness of an article or the scene in order to collect important evidence.

(a) Coordinated this action with the appropriate commander or

other responsible person at the crime scene. (b) Checked this type evidence for additional and/or trace

evidence and protected it to preclude any possible cross-contamination.

MP0018 2-34

EXAMPLE: RELEASED THE VICTIM

Checked the victim's hands and feet for additional and/or trace evidence with negative results; secured clean paper bags over the hands and feet. Checked around and under the body, bed surface, and the immediate area for additional and or trace evidence--negative results. There are no signs of a bullet exit wound or other injuries. Photographed the victim's back and bed surface; entered in the photograph log and rough photograph sketch. Wrapped the victim together with the bed linen in a clean bed sheet and placed in a clean body bag. Released the body to SPC Morris (NMI) ANDERSON, 193-04-1418, Mortician Assistant, NAH, TP 3112, for transportation to the morgue in ambulance #0077. SA Louise N. DUBOISE from my office accompanied the body to the morgue and will complete the required evidence collection.

STEP 13: MAKE THE SECOND RECHECK: a. Search for latent prints and trace evidence. b. Dust for prints, describing how and where you dust and the results. c. Then conduct an exploratory search of furniture drawers, lockers,

containers, and the like, noting the results. d. Process and collect any newly discovered evidence as you have done

evidence found earlier. EXAMPLE: 1450 HRS Conducted second recheck of the scene. Dusted for latent prints around

the door and window frames, furniture surfaces, bed frame, and walls with negative results. All dusted surfaces appear to have been recently wiped clean due to lack of any type prints.

An exploratory search reveals one handrolled like cigarette inside the

bottom full opened dresser drawer. The cigarette is white in color, paper-type construction approximately 1/4 inch diameter and 3 inches long with twisted like ends.

2-35 MP0018

Took evidence establishing and closeup photographs and entered in the photo log. Also entered the cigarette on the camera sketch and room evidence sketch. COLLECTED THE CIGARETTE: Checked for additional and or trace evidence - contains a greenish-brownish vegetable like substance suspected to be marijuana. Additional marks and or features - there is a seam extending from one end to the other, on side that was facing down. Placed in a clean manila envelope, both envelope and seal marked, SLK, 24 Dec 8X, 1500, MPR 0154-8X. Tagged with DA Form 4002 (See Figure 2-9) and enter on DA Form 4137 (See Figure 2-11).

STEP 14: MAKE YOUR THIRD RECHECK:

a. Recheck the scene, recording the results. b. Continue your rechecks until the results are negative. EXAMPLE:

1540 HRS Conducted third recheck (search) of the scene negative results. COLLECTED THE CINDER BLOCK BEARING LETTERS "BR": Mr. Willis Earl BIGGERSTAFF, WG-8, 515-30-8729, Post Engineers, TP 5115, arrived and removed the block. A new block was installed in the wall. The block is about 16 inches wide by 8 inches thick by 8 inches in height, other five sides unpainted. Marked block on side opposite letters, SLK, 24 Dec 8X, 1530. Tagged with DA Form 4002 (See Figure 2-10) and entered on DA Form 4137 (See Figure 2-11).

STEP 15: CHECK BEYOND THE SCENE: a. Conduct a thorough search beyond the scene recording the results. b. If evidence is found, expand scene security to include new area. c. If additional security is needed, set it up, describe how it is to

be maintained, and record any specific instructions. MP0018 2-36

d. If evidence is found, process and collect the evidence as you did evidence discovered earlier.

e. Take outside photographs.

(1) Include outside establishment photos of street signs, building

numbers, and the like to identify geographical location of the scene.

(2) Make a 360 degree series of photos showing all sides of

building or vehicle.

f. Record the photograph on the photo log in your investigative notes.

NOTE: The sequence of this step is determine by your evaluation of the scene, crime scene security requirements, and weather conditions to include possible changes in the forecast.

EXAMPLE:

1545 HRS Conducted a search beyond the scene with negative results. Took

appropriate outside photographs and entered in the photograph log. STEP 16: RELEASE OR SECURE THE CRIME SCENE:

a. If the scene is to be released, obtain the full ID of the person to whom you will release it. NOTE: Also release scene security personnel.

b. If the scene is not to be released, describe how security of the

scene is to be maintained and record any specific instructions.

NOTE: If crime scene security is to be maintained, coordinate this action with the provost marshal and the unit commander or the officer responsible for the building or area. Record these actions in your investigative notes.

In a death investigation, scene security should be maintained

until after the autopsy and evidence from the body is collected, at which time another search may be necessary.

EXAMPLE: 1550 HRS CRIME SCENE SECURITY TO BE MAINTAINED:

Coordinated with the provost marshal for security for the crime scene to be maintained by MP. This request is based upon the fact that the scene should remain secured until after the autopsy and

2-37 MP0018

evidence from the body is collected, at which time another search of the scene will be conducted if deemed appropriate. Also coordinated this action with KING. Extended my thanks and appreciation to WINKLER, LITTLE, DUNN, and KUPUKA for their assistance and cooperation and commended them for a "Job Well Done."

STEP 17: AS THE EVIDENCE CUSTODIAN, PROCESS EVIDENCE INTO THE EVIDENCE ROOM: a. Assign the next available document number to the original and both

copies of DA Form 4137. b. Place the second carbon copy of the 4137 in the local case file. EXAMPLE: 1600 HRS As the Evidence Custodian, I logged the evidence into the Evidence Room

and assigned document #3502-8X to the 4137. The second carbon copy of the 4137 was placed in the local office case file.

STEP 18: PREPARE EVIDENCE FOR TRANSMITTAL TO THE U.S. ARMY CRIMINAL

INVESTIGATION LABORATORY (USACIL): a. Prepare the original DA Form 4137 and DA Form 3655 (Crime Lab

Examination Request) for shipment to USACIL. b. Package and wrap the evidence (name the items and indicate DA Form

4137 item numbers; i.e., pistol, item #3) and documents for shipment to USACIL-CONUS for examination.

EXAMPLE: 1615 HRS Prepared the original 4137, DA Form 3655 (Crime Lab Examination

Request)(See Figures 2-12 and 2-13); packaged and wrapped the pistol (item 1), shell casing (item 3), red stain (item 4), and fiber (item 5) for mailing to USACIL.

STEP 19: SEND THE EVIDENCE TO USACIL: a. Send the evidence (name the items and indicate DA Form 4137 item

numbers) and documents to the U.S. Army Criminal Investigation Laboratory, P.O. Drawer L, Fort Gillem, Fort Gillem, Forest Park, GA 30051-1386, via Registered Mail (record number).

b. Place the first carbon copy of the DA Form 4137 and the Registered

Mail receipt in the USACIL suspense folder. MP0018 2-38

NOTE: Steps 17, 18, and 19 pertain to the duties of the evidence custodian. During all crime scene practical exercises, you will be placed in the role of the crime scene investigator and the evidence custodian.

EXAMPLE: 1630 HRS Sent the evidence to USACIL, Post Office Drawer L, Fort Gillem, Forest

Park GA 30051-1386, via Registered Mail #14274. The Registered Mail receipt was attached to the first carbon copy of the 4137 and placed in the USACIL suspense folder.

Figure 2-4. Evidence/Property Tag. 2-39 MP0018

Figure 2-5. Evidence/Property Tag

Figure 2-6. Evidence/Property Tag. MP0018 2-40

Figure 2-7. Evidence/Property Tag

Figure 2-8. Evidence/Property Tag. 2-41 MP0018

Figure 2-9. Evidence/Property Tag.

Figure 2-10. Evidence/Property Tag. MP0018 2-42

Figure 2-11. Evidence/Property Custody Document (Front). 2-43 MP0018

Figure 2-11. Evidence/Property Custody Document. MP0018 2-44

Figure 2-12. Crime Lab Examination Request (Front). 2-45 MP0018

Figure 2-13. Crime Lab Examination Request (Back). MP0018 2-46

THIS PAGE LEFT BLANK INTENTIONALLY 2-47 MP0018

LESSON 2

PRACTICE EXERCISE REQUIREMENT. The following questions are multiple choice. There are four choices to each. You are to select the one choice that is correct. Indicate your choice by CIRCLING the letter beside it directly on these pages. This is a self-graded lesson exercise. DO NOT look up the correct answer from the lesson solution sheet until you have finished. To do so will endanger your ability to learn this material. Also, your final examination score will tend to be lower than if you had followed this recommendation. 1. The first action taken by the MPs upon arrival at a crime scene is to: A. photograph the scene. B. ensure the scene is protected. C. collect fragile evidence. D. record the date, time of arrival, and weather conditions. 2. The first photograph taken at a crime scene is normally the: A. exterior establishment photo. B. 360 photo. C. evidence photo. D. entrance/exitway approach photo. 3. Is it considered proper procedure to collect fragile items of evidence from a crime scene while another MP is making a rough sketch of the crime scene? A. Yes, evidence which is fragile may be collected as it is found. B. No, evidence is never collected until the scene has been processed for

additional or trace evidence. C. Yes, evidence should be collected as soon as it is found and properly

preserved. D. No, evidence is never collected until the entire crime scene has been

sketched and photographed. 4. You know that when the finished drawing of a crime scene is completed, the MP who made the rough sketch is responsible for: A. its accuracy, but not its preparation. B. its preparation, but not its accuracy. C. its preparation and its accuracy. D. neither its preparation nor its accuracy. MP0018 2-48

5. When searching a crime scene for evidence, you should: A. examine every item for latent fingerprints and record each set of prints

in your notebook. B. search to ensure that you collect only that evidence which will be

admissible in court. C. search the crime scene using a systematic method to ensure complete

coverage. D. examine only those items which you know are related to the offense. 6. What is the right procedure for correcting an error in your notes? A. When a mistake is made, an explanation should be given as a footnote. B. The mistake should be lined out and initialed by the author of the notes. C. Remove the page from the notebook and start over. D. There is no set procedure. 7. A crime scene may be disturbed prior to processing under certain circumstances. One of these circumstances is to: A. provide security at the scene. B. protect evidence which may be stolen. C. evacuate dead personnel. D. pronounce personnel dead. 8. A rough sketch of a crime scene should contain certain essential elements. Some of these elements are: I. direction of north. II. a legend. III. weather conditions. IV. the title block. V. accurate measurements. A. I, II, III, and IV. B. I, II, IV, and V. C. II, III, and VI. D. III, IV, and VI. 2-49 MP0018

9. The integrity photo should: I. be taken prior to entering the scene. II. be taken after the exterior of establishing photo. III. include all visible evidence. IV. include the height and distance of the camera from the focal point. A. I, II. B. I, IV. C. I, III. D. II, III. 10. Rough sketches are normally: I. made after the evidence is collected. II. verified by a reliable witness. III. made by the investigator. IV. made in pencil. A. I, II, and III. B. I, II, and IV. C. I, III, and IV. D. II, III, and IV. 11. When using the triangulation method to fix evidence on the rough sketch, all measurements should be made from: A. center-of-mass of the evidence. B. two clearly identifiable opposite points on the evidence. C. a base corner of the room. D. nonmovable objects in the room. 12. Which of the following examples of evidence would NOT be marked with the time, date, and initials of the investigator? A. A .38-caliber revolver. B. A solid gold watch with leather band. C. A chip of glass from a broken window. D. A black ball-point pen. MP0018 2-50

13. The protection of a crime scene is the responsibility of: A. the first MP at the scene. B. the on-duty MPI. C. the MP duty officer. D. the individual who reported the crime. 2-51 MP0018

LESSON 2

PRACTICE EXERCISE

ANSWER KEY AND FEEDBACK ITEM CORRECT ANSWER AND FEEDBACK 1. B. Ensure that the scene is protected. These MPs should take steps to...(Page 2-2, Part B, a). 2. D. Entrance-exitway approach photo. Overall approach of entrance-exitway. (Page 2-11, Part E, Step 7,

d(l)). 3. A. Yes, evidence which is fragile... Protect fragile pieces of evidence. (Page 2-4, Part C, b(2)(a)). 4. A. Its accuracy, but not its preparation. Finished drawings (from the rough...(Page 2-23, Part F, d). 5. C. Search the crime scene using a systematic... In rooms, buildings, and small...(Page 2-4, Part C, b(2)). 6. B. The mistake should be lined out and... If a mistake is made in the notes...(Page 2-5, Part D, b(l)). 7. D. Pronounce personnel dead. A crime scene may be disturbed..(Page 2-2, Part B, d(l)). 8. B. I, II, IV, and V. For clarity, all rough sketches should...(Page 2-24, Part F, elements

of a sketch, c). 9. C. I and III. This photo is taken before...(Page 2-12, Part E, Step 7, d, note). 10. D. II, III, and IV. Rough sketches are made in pencil...(Page 2-23, Part F, a). 11. B. Two clearly identifiable opposite points... In the triangulation method...(Page 2-25, Part F, triangulation method,

a). 12. C. A chip of glass from a broken window. Place evidence that cannot be marked...(Page 2-32, Part F, Step 11, d). 13. A. The first MP at the scene. Preservation of the crime scene then...(Page 2-2, Part A, d). MP0018 2-52

LESSON 3

PREPARATION AND EVALUATION OF MILITARY POLICE INVESTIGATION REPORTS

Critical Tasks: 191-390-0111 191-376-5109 191-390-0184 191-376-5101

OVERVIEW LESSON DESCRIPTION: In this lesson you will learn to apply the "elements of a crime" concept to the general punitive articles, prepare MP reports and forms, prepare and evaluate MP investigation reports and gather, report, and record police information. TERMINAL LEARNING OBJECTIVE: ACTION: Evaluate, report incidents and prepare/distribute MP investigation

reports. CONDITION: You will have this subcourse, pencil, and paper to do the tasks in

this lesson. STANDARD: You must earn a score of 70 percent on the final examination. REFERENCES: The material contained in this lesson was derived for the following

publications: AR 380-13, FM 19-20, STP 19-95B1-SM, and STP 19-95B24-SM-TG.

INTRODUCTION a. MPIs are not only expected to conduct investigations, they must also submit related reports to the proper authorities. It is very important, then, that the evaluations and conclusions of such investigations be accurate and as complete as possible. Users of these reports base their actions on them. It is essential then that such reports show three facts. (1) The facts gathered must be stated; (2) The offense committed based on the elements of proof must be stated; (3) Evidence that the rights of the accused have been well protected must be present. b. Users of reports. (1) Commanders. 3-1 MP0018

(2) Investigating officers. (3) Courts and boards. c. Results of reports. (1) Courts-martial. (2) Articles 15. (3) Board actions. (4) Reports of survey. d. Evaluation of an investigation. Investigative reports serve as the basis of action for those who use them. The user's evaluation of these reports may or may not be consistent with the reports as given. Such inconsistency may be the result of weak investigation. It could be due to a hasty review of the report by MP supervisors. Or, it might be due to an honest difference in interpretation of facts by the MPI and the user. e. Conclusions. Conclusions must be supported by evidence or the lack of it. To conclude that an offense was done by a person when the facts do not support such a conclusion reflects badly against the MPI. It also violates public confidence in the Military Police Corps.

PART A - THE ELEMENTS OF A CRIME. a. The term "elements of a crime" refers to those facts which must be present in all human behavior before it is considered criminal. The criminal act is more than a physical movement or failure to move. It consists of the circumstances at the time, the actual act or omission, and the results. (1) A crime consists of two basic elements: the physical and the nonphysical. (2) Most definitions of the term "crime" claim that there must be an act or omission of some kind. This is the physical element. It is the conduct termed the criminal act. Criminal intent is no crime until joined with a voluntary criminal act or omission. (3) Most definitions of a crime require an act or omission. It is also required that most crimes be committed with some kind of mental element. This is the nonphysical element: the element of intent. (a) Criminal intent is that state of mind which a particular law says must accompany the act in order for there to be a crime. (b) To determine the necessary state of mind one must look to the definition of the offense. MP0018 3-2

(c) The criminal intent element is not always the same with different crimes. Such intent may vary according to provisions of the separate punitive articles. Some articles require only GENERAL criminal intent; some require SPECIFIC criminal intent. b. General criminal intent is the intention to commit the act. The existence of the intent is presumed from the act. Such presumption is based on the ground that a person is presumed to intend his voluntary acts, and their natural and probable results. Examples of this are found in Article 120 (rape), Article 125 (sodomy), Article 118 (2)(unpremeditated murder), and Article 126 (simple arson). c. When a crime consists of doing an act with a specific intent, that intent cannot be presumed from the act alone. It must be established and proven as are other elements of the offense. A requirement of specific intent must be clearly indicated by the punitive article. Such a requirement is indicated by the use of phrases as: "for the purpose of" (Article 115, malingering), "with intent to" (Article 129, burglary), "premeditated design" (Article 118 (1) murder), willful (Article 90, disobedience of superior officer), and "knowingly." The element of specific intent is very hard to prove. This is because it involves proof of a state of mind. MPs must remember that seemingly unimportant facts may be essential elements of proof of specific intent. d. Not all crimes require some form of criminal intent. Examples of punishable offenses which require no criminal intent may be found in the offense of carnal knowledge (Article 120). This article punishes all cases of sexual intercourse with females under 16 years of age. Consent on the part of the female is immaterial. Also, traffic violations are punishable without any element of criminal intent.

PART B - USE OF THE MANUAL FOR COURTS-MARTIAL. a. The Manual for Courts-Martial (MCM) cannot be effectively used unless one has a basic knowledge of it. The manual holds the complete Uniform Code of Military Justice (UCMJ). The rest of the manual contains discussion of the provisions of the Code. This discussion is a Presidential declaration, not a Congressional enactment. It has the force of law unless there is a direct conflict between the Manual and the UCMJ, Constitution, or Federal laws. If there is a conflict between a provision of the Code and a manual statement, the provision of the UCMJ prevails. The Manual's description of the UCMJ is most valuable. In some cases, however, statements in the Manual have been made obsolete by decisions later handed down by the Court of Military Appeals. b. The punitive articles. Articles 77 through 134 of the Uniform Code contain the punitive articles. These specify the persons who will be considered parties to crime. These articles also list those acts committed by military personnel which will be punished under the Code. (1) Military-type offenses. The military-type offenses are those which have always been punished by military authorities. This is due to the 3-3 MP0018

offenses being prejudicial or destructive to good order and discipline. Both are necessary to preserve the military. (2) Civil-type offenses. Under the UCMJ, the Armed Forces takes punitive jurisdiction over certain military personnel. Included are those who commit criminal offenses which have always been punished by civilian authorities. These offenses are made punishable by Article 118 through Article 131. As enacted in the UCMJ, these provisions represent little or no change in the common-law provisions of these crimes as found in civilian jurisdictions. The result of this enactment is: the Armed Forces may not exercise court-martial jurisdiction over persons subject to the UCMJ who commit civil-type offenses. c. The general articles. These offenses are classed separately. This is because they can pertain to either military-type or civil-type offenses. (1) Conduct Unbecoming an Officer and a Gentleman--Article 133. (a) This governs the conduct of commissioned officers, cadets, and midshipmen. (b) An officer can violate this provision by conduct in EITHER his official or private capacity. The conduct must be found, however, to be unbecoming BOTH to an officer and a gentleman. (c) One example of violation of Article 133 is knowingly making a false official statement. Another example is being grossly drunk and pointedly disorderly in public. (2) The General Article--Article 134. This article makes punishable all disorders and neglects to the prejudice of good order and discipline in the Armed Forces. Included is all conduct that brings discredit upon the Armed Forces. Crimes and offenses not capital are punishable also. Capital crimes and offenses are those deemed so by Congress or under the authority of Congress. These classes cannot be considered rigid. Many offenses will fit equally well under At least two classes. Reported cases seldom make a distinction as to which. (a) Disorders and Neglects. Conduct falling within this class occurs in the service community. It does not occur in the eye of the general public. Examples of this are impersonating an officer, and drunkenness during off-duty hours. Another case is making oneself unfit for duty by heavy use of intoxicants or drugs. (b) Discreditable Conduct. Conduct in this class would harm the reputation of the Armed Forces. It causes injury by offending the sensibilities of the average person. Such conduct normally involves a moral deviation without regard to the effect on public opinion. No actual injury to public reputation is required. Examples of this are aggravated cases of failure to pay disputed debts, bigamy, and adultery. MP0018 3-4

(c) Crimes and Offenses Not Capital. This includes those acts or omissions not made punishable by another article. These are those acts denounced as offenses either by enactments of Congress or under authority of Congress (Assimilative Crimes Act). They are triable in the Federal civil courts. (d) Lesser-Included Offenses--Articles 79. A lesser-included offense is a crime less serious than the offense charged. For example, robbery by force and violence INCLUDES the lesser offenses of both larceny and assault. It is then possible that a court-martial may find an accused NOT GUILTY of robbery, but they may find him GUILTY of the lesser-included offenses of larceny and assault. A lesser-included offense is NOT contained within the offense charged, if the former requires elements of proof not needed to prove the offense charged.

PART C - REPORTING INCIDENTS. a. MPI units are mostly fact-reporting agencies. They are charged with the responsibility to investigate offenses. They must then report the results to the appropriate authorities. Reports rendered by MPIs are of interest to commanders at all levels. This is because the reports keep them informed of the discipline within their commands. b. Persons responsible for the preparation and review of MP reports must remember the following basic facts: (1) The report is an item of military correspondence. As such, it must be grammatically correct and completed in the proper format. (2) The report should state the facts and evidence obtained during the investigation.

PART D - MILITARY POLICE REPORT (DA FORM 3975), GENERAL. a. The MP report is the basic form used to record information about complainants. Also, the form is used to record incidents seen by or reported by the MPs. It also notes the action taken by the MPs. The form also serves to inform the commander concerned of incidents involving personnel of his command. b. The purpose of the report is to provide: (1) An MP record of information or complaints and the case or report developing therefrom. (2) Statistical data for analysis and review. (3) Information for unit commanders and civilian supervisors. 3-5 MP0018

c. When prepared: (1) The MP report is prepared on all complaints received. It includes incidents seen or reported to the MP. Exceptions are routine traffic violations and those minor violations where corrective action is only a verbal warning. This form is prepared in every case where an apprehension is made. It is used, also, when a military person is restored to US Army control by another apprehending agency. (2) The report is normally begun by the MP desk sergeant. He does so upon receipt of information indicating that police action is required. The form should be completed to the fullest extent possible when information is first received. This assures that complaints are recorded and assigned for follow-up. It assures also that complaints are disposed of or referred and posted to the desk blotter. (3) The report may also be begun and finished by MP taking action without referral from the desk sergeant. An example would be apprehending the perpetrator of an on-view offense. (4) This report will be used to record the results of investigations conducted by MPI. d. Reporting formats. The DA Form 3975 is prepared in two different ways. The method used depends on the actions required. (1) It may be prepared as an INITIAL REPORT of police action when completed by the desk sergeant or an MP. (2) It may be prepared as a REPORT TO BE FORWARDED to unit commanders for their information and/or action. e. Disposition of initial reports. Only a single copy of the initial report is completed. This copy serves as the basis for later, more detailed copies if more investigation is needed. f. Disposition of military police reports forwarded to commanders. (1) The following "Special Categories" of complaints require a report of commanders' actions taken. (Commanders must report action taken against offenders on DA Form 4833. They must do so when the below-listed offenses are committed by any military personnel. This offense is investigated and reported by CID on DA Form 2800, CID Report of Investigation.) The following offenses are normally investigated by MPI: (a) All violations of Articles 111 through 133 of the UCMJ. (b) All violations of Articles 77 through 110 and 134 of the UCMJ for which the maximum punishment is six months or more confinement. This is prescribed by the Table of Maximum Punishments, MCM, US, 1984. MP0018 3-6

(c) All offenses, except minor traffic violations, reported by civil authorities. (2) When one of the above offenses is charged, the MP report will be prepared in an original and two copies. Disposition will be as follows: (a) The original copy will be sent on to the Criminal Records Center, US Army Criminal Investigation Command (USACIDC), 2301 Chesapeake Avenue, Baltimore, MD 21222. Along with it will be a completed DA Form 2804 (Criminal Data Reference Card) for each military subject. The DA Form 2804 will be completed IAW FM 19-10 and current directives. (b) The first copy will be filed with the INITIAL MP report about the complaint. (c) The second copy will be accompanied by an original and two copies of DA Form 4833 for each military subject. These will be sent to the unit commander for a report of action.

PART E - INSTRUCTIONS FOR COMPLETING DA FORM 3975 AS USED BY MPI. a. The MP Report (DA Form 3975) is the basic form used by the MPI to report the results of the investigation. It is an official written record of all pertinent information and facts obtained during the investigation. Normally, the DA Form 3975 does not provide enough space to write all the information obtained. In such cases, the reverse side of the form is used, and/or continuation pages. b. The INITIAL DA Form 3975 is used as a working copy by the investigator. It is the means by which he is notified of an offense that needs his attention. Since the initial complaint is usually received by the desk sergeant, he will assign the REPORT NUMBER to the case. This number will be used by the MPI on all copies of the reports. If the MPI receives the initial complaint, he must get the report number from the desk sergeant. c. A FINAL report is a completed investigation. It is sent on to the concerned commander for whatever action needed. A final report must be written with correct grammar, spelling, and authorized abbreviations. It must have no obscene material unless such is relevant to the case. Local policy will govern the procedure used for sending on reports having obscene material. 1. MILITARY POLICE REPORT NUMBER.

a. The MP report number has three digital groups of information. Each group is separated by a hyphen, e.g., 00000-00-00000. These groups will appear in the following order: 3-7 MP0018

(1) Sequence number. This is the sequence number of the report for the current calendar year. It will be a five-digit numeric indicator. For example, 00213 indicate that this is the 213th report PREPARED by the reporting MP unit during the current CALENDAR YEAR. (2) Year suffix. The last two digits of the current calendar year will follow the hyphen. For example, 00213-XX means that this is the 213th report prepared by the reporting MP unit during calendar year 19XX. b. Before forwarding the report, place a hyphen after the year suffix. Follow this by the number of the report for this year. For example, 00213-XX-00106 indicates that this is the 213th report PREPARED during 19XX, and the 106th report FORWARDED to a commander. 2. DATE.

a. Initial report. The date the report is ACTUALLY PREPARED will be shown in a six-digit, year-month-day format. This is no hyphen. For example, the date-group XX0801 shows that the report was done on 01 Aug 19XX. b. The final report should show the date the REPORT TO BE FORWARDED is prepared. It may or may not be the same as the report date on the initial report. Like the initial report, it will be shown in a six-digit, year-month-day format without hyphen. 3. USACRC CONTROL NUMBER.

This block will be completed ONLY on those cases being sent on to the Criminal Records Center (CRC), USACIDC. This entry will consist of three groups of digital information. Each group will be separated by hyphens, e.g., 00-MPCO00-00000: a. Year suffix. The last two digits of the current calendar year will be used; e.g., XX-MPC000-00000. b. MP unit number. The second grouping is an alphanumeric code starting with the letters MPC. These are followed by a three-digit MP unit number assigned to each unit by the Department of the Army through AR 190-45, Appendix B; e.g., XX-MPC056-00000. c. Case number. The third digital grouping will be a case number assigned to the preparing MP unit. This number is assigned by each major command, e.g., 860-MPC056-4618C. The example shows the report to be a 1986 MP MP0018 3-8

case. It was prepared by the Provost Marshal, Fort Carson, Colorado, number 4618C. d. This block is completed by the administrative section of the provost marshal's office for the final report. 4. THRU/TO/FROM.

These blocks are completed by the administrative section of the provost marshal's office for the final report. 5. REPORT TYPE/STATUS.

a. Initial report. When completed by the desk sergeant or an MP, only the Information, Commander's Action (DA Form 4833), Supplemental, or Complaint blocks will be checked. This will depend on the nature of the incident requiring police action. b. Forwarded to commander. Check ALL pertinent boxes in this item. Review Part D paragraph f for the types of reports requiring commander's action. The "Commander's Action" block will be checked on the provost marshal's file copy upon receipt of completed DA Form 4833. 6. EVALUATION.

7. COMPLAINT/OFFENSE/INCIDENT.

The type complaint/offense will be written to the fullest extent possible in the language used in the MCM. It will include the appropriate number of the article under which a charge is made. One example would be Resisting Apprehension, Article 95, UCMJ. If a military offender is charged by civil authorities with violation of a civil code, the equivalent MCM offense will be listed first. It will be followed by the offense(s) charged by civil 3-9 MP0018

authorities in parentheses. For example: Resisting Apprehension, Article 95, UCMJ (Civil Charge-Resisting Arrest). When a civil charge has no MCM equivalent, the terms used by civil authorities will be specified. When the offense involves the violation of a certain regulation or directive, the listing will be explicit. It will include both a word description and a citation of the directive violated. When more than one offense is charged, each will be listed and numbered. 8. LOCATION.

Indicate if the site of the incident was on or off post. Do so by checking the appropriate box. Give the precise location of the occurrence. The location must be described with such detail as to distinguish that place from all others. An address, including building number, street name, post (or city), state, and zip code is adequate. However, at times other descriptions may better identify the location. For example, the names of intersecting streets or grid coordinates may be best. 9. TIME OF OFFENSE/DATE OF OFFENSE/OFFENSE CODES.

a. Time of offense. The time of the offense will be written in military time. For example: 0031 or 1455. If an exact time is not known, a time range will be noted; i.e., 0100-0200. b. Date of offense. The same six-digit, year-month-day format used for the report date is used to show the date of offense. c. Offense codes. The offense code will be entered on each report sent to CRC. This block describes as well as possible the complaint listed in Block 3. An alphanumeric code is used. These codes are listed in Appendix C of AR 190-45. MP0018 3-10

10. COMPLAINANT RECEIVED BY/TIME RECEIVED/DATE RECEIVED.

In block 8 you will enter the rank, last name, first name, and middle initial of the individual receiving the report. If the individual has no middle initial, use "NMI." In block 9 you will enter the time the complaint was received using the military 24-hour system. In block 10 enter the date the complaint was received using six-digits, year-month-day (YYMMDD) format. 11. MP ACTION REFERRED TO/DATE REFERRED.

Check the box(es) showing the agency to which the complaint was referred. If "Other" is checked, state precisely the agency to which referred. An example might be the FBI or a particular municipal police agency. Use the six-digit year-month-day format. 12. NAME OF SUBJECT.

In item 12, state the subject's last name, first name, and middle name, in that order, when known. If there are multiple subjects, you will enter "See Attached" in block 12 and complete information on each subject will be included on plain bond paper as a continuation of item 12. Item 12a: State subject's military rank or the notation "CIV" for civilians.

For military dependents, the notation will be "CIV/DEP." Item 12b: State organization of military members and Government employed

civilians. Include home addresses of other civilians and of military dependents. Zip code and telephone number will also be stated.

Item 12c: Indicate social security number/service number. Item 12d: City and state. State abbreviation, if known. Item 12e: Six-digit year-month-day format without hyphen. 3-11 MP0018

Item 12f: Refer to code at bottom of form "(1) category" for subject's category. Item 12g thru n: Self-explanatory. Height will be shown in feet and inches. Item 12o: Refer to code at bottom of form "(2) category" for subject's category. 13. INVOLVEMENT/DRESS/COOPERATIVE/IDENTIFYING MARKS.

a. Involvement. Alcohol involvement may be checked if based on police observations or statements of witnesses. It also may be checked if based on chemical analysis or breatholyzer tests. Drug involvement may be checked ONLY if based on medical or chemical analysis. SUSPECTED drug involvement will NOT be noted in the block. It must be described in Item 18. If a medical or other condition is the apparent cause of odd behavior by the subject, check "Other" block. Then specify observed behavior. If ALL blocks in Item 11 do not apply to the incident requiring police action, the notation "NA" will be used. b. Dress. Enter "X" in the appropriate box. c. Cooperative. Enter "X" in the appropriate box. d. Identifying marks. Identifying characteristics will be noted. This might include the wearing of glasses or the bearing of scars, marks, and tattoos. Location and description of such marks must be given. If none, so state. MP0018 3-12

14. PERSONS RELATED TO REPORT.

All persons, EXCEPT SUBJECTS, greatly related to the offense or incident will be listed in this block. This includes the MP handling the incident. Last name, first name, and middle initial will be given in that order. For items 17c and 17d, the same instructions apply as are discussed in paragraph 18 of this lesson. The codes for columns 17e and 17f are found at the bottom of the form. 15. PROPERTY DATA.

SEE ATTACHED will be-entered in this block and the information will be entered in your final report. 3-13 MP0018

16. DISPOSITION OF OFFENDER/EVIDENCE.

SEE ATTACHED will be entered in block a and b and the information will be entered in your final report. 17. ENCLOSURES/DISTRIBUTION.

a. Enclosures. (1) SEE ATTACHED will be entered in this block. (2) FORWARDED TO COMMANDER. List only those enclosures which support the statement of facts AND which are being sent on to the commander concerned. b. Distribution. FORWARDED TO COMMANDER: Specify the number of copies sent and where sent. For example:

1 -Unit Cdr 1 -CRD, USACIDC 1 -File

18. SIGNATURE AND TITLE BLOCK. Leave these blocks blank. The administrative section of the provost marshal's office will be complete them.

Figure 3-1 is an example of a completed DA Form 3975. MP0018 3-14

FOR TRAINING PURPOSES ONLY

Figure 3-1. DA Form 3975. Military Police Report, Front.

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19. REPORT OF INVESTIGATION FORMAT. INVESTIGATIVE REPORT WRITING: SYNOPSIS: (This section is a concise summation of the results of the investigation and answers the questions, who, what, when, where, how, and why, if known; it establishes the basic elements of proof for the offense; includes the dollar value of the loss or recovery in appropriate cases.) BACKGROUND: (This section presents a factual account of the basis for the investigation.) NARRATIVE: (This section presents details of investigative findings with emphasis on offenses, rather than steps taken in developing the investigation.) 1. Presented in continuously numbered paragraphs under descriptive headings following a logical form to ensure reader comprehension. NOTE: Do not use separate pages to report individual investigative steps or procedures. 2. Exhibits, such as sworn statements, photographs, subpoenas, copies of correspondence, records and other documentary material that are attached to the ROI, and nonattached items of evidence retained in evidence repositories are identified by number when referred to in the Narrative and are listed in sequentially in the EXHIBITS section of the ROI. LAW ENFORCEMENT RECORDS: (This section includes the results of file checks of local law enforcement agency checks; i.e., NCIC/AFLETS as appropriate). EXHIBITS: (This section lists sequentially and numerically each item of evidence, documentation as referred to the Narrative section. See NARRATIVE, para (2). INVESTIGATIVE STATUS: (Identifies the status of the investigation at the time of writing of the report; i.e., "Closed," "Pending," "Referred.") EXAMPLE OF A FINAL REPORT FILE NO: 00130-XX-MPC063 Subject 1. CAPONE, Alphonso Paul, (a) E-5; (b) 512th Supply Co., Ft McClellan, AL 36205, 848-5583; (c) 418-77-1234; (d) Springfield, IL; (e) 17 Apr 55; (f) A; (g) Brown; (h) Blue; (i) 175; (j) 6'1"; (k) 31; (1) No; (m) Male; (n) Light; (o) Cau; 13. None; 14. Civ; 15. Yes; 16. None. Subject 2. BARROW, Clyde Edward, (a) E-3; (b) 512th Supply Co., Ft McClellan, AL 36205, 848-5583; (c) 145-87-3456; (d) Dallas, TX; (e) 12 Feb 60; (f) A; (g) Black; (h) Brown; (i) 163; (j) 5'10"; (k) 26; (1) No; (m) Male; (n) Medium; (o) Cau; 13. None; 14. Civ; 15. Yes; 16. None. MP0018 3-16

SYNOPSIS: Investigation revealed that at 0120, 1 Oct XX, in the day room of Bldg 2813, Ft McClellan, AL (FMA), CAPONE and BARROW stole JONES' wallet containing $500.00 in U.S. currency and miscellaneous papers by removing them from JONES' back pants pocket while JONES was asleep. BACKGROUND: At 0145, 1 Oct XX, POE notified TRACY that he observed CAPONE and BARROW steal JONES' wallet while JONES was asleep in the dayroom of Bldg 2813, FMA. NARRATIVE: 1. Interview of Witnesses: 1.1 AT 0145, 1 Oct XX, POE was interviewed by TRACY. POE related that as he was about to enter the dayroom, he observed CAPONE and BARROW remove JONES' wallet from the back left pocket of his trousers while JONES was asleep on the couch. A sworn written statement (EX 1) was obtained. 2. Interview of Victim: 2.1 AT 0230, 1 Oct XX, JONES was interviewed by TRACY. JONES related that he had fallen asleep in the dayroom about 0100, 1 Oct XX and was awakened by POE at 0125, 1 Oct XX. At that time JONES discovered that his wallet containing $500.00 in currency and various credit cards and papers had been stolen. A sworn written statement (EX 2) was obtained. 3. Crime Scene Examination: 3.1 At 0330, 1 Oct XX, TRACY examined the dayroom of Bldg 2813 and the area surrounding the dayroom which resulted in locating JONES' wallet (EX 7) in a trash can just outside of the main entrance of the dayroom. Missing from the wallet was $500.00 in currency and JONES' American Express credit card. 3.2 At 0300, 1 Oct XX, TRACY made contact with 1SG SMITH who provided TRACY with the room numbers of BARROW (RM 18) and CAPONE (RM 12). Both rooms are in Bldg 2813. 4. Coordination with SJA: 4.1 AT 0420, 1 Oct XX, TRACY contacted CPT MASON to verify the probable cause for search warrants for the rooms of BARROW and CAPONE. 5. Authorization to Search: 5.1 AT 0500, 1 Oct XX, COL CUSTER authorized search warrants for rooms 12 (EX 3) and 18 (EX 4), Bldg 2813. 6. Search and Seizure: 6.1 AT 0530, 1 Oct XX, TRACY and JOHNSON conducted a search of room 12 in the presence of CAPONE pursuant to the search authorization. JONES' American 3-17 MP0018

Express card (EX 8) and $500.00 in U.S. currency (EX 9) were seized from CAPONE's top right dresser drawer. 7. Apprehension Details: 7.1 AT 0540, 1 Oct XX, TRACY apprehended CAPONE for Larceny of Private Property. 7.2 At 0600, 1 Oct XX, TRACY arrived at room 18 and apprehended BARROW for Larceny of Private Property. 8. Interview of Subject(s): 8.1 AT 0645, 1 Oct XX, CAPONE was interviewed by TRACY. CAPONE waived his rights and provided a sworn written statement (EX 5). CAPONE stated that he and BARROW took JONES' wallet while he was asleep in the dayroom, throwing the wallet away and keeping $500.00 and an American Express card. 8.2 AT 0730, 1 Oct XX, BARROW was interviewed by TRACY. BARROW waived his rights and provided a sworn written statement (EX 6) admitting that he assisted CAPONE in the larceny. 9. Disposition of Subject(s): 9.1 AT 0900, 1 Oct XX, CAPONE and BARROW were released to their unit (1SG SMITH). 10. Other Investigative Aspects: 10.1 Due to the stolen items being located during the search of CAPONE's room, a search was not conducted of room 18 (BARROW'S room). LAW ENFORCEMENT RECORDS CHECK: A criminal records check through NCIC/AFLETS concerning CAPONE and BARROW met with negative results. EXHIBITS: A. ATTACHED: 1. Statement of POE, dated 1 Oct XX. 2. Statement of JONES, dated 1 Oct XX. 3. Search Authorization, Room 12, Bldg 2813, dated 1 Oct XX. 4. Search Authorization, Room 18, Bldg 2813, dated 1 Oct XX. 5. Rights Waiver/Statement of CAPONE, dated 1 Oct XX. 6. Rights Waiver/Statement of BARROW, dated 1 Oct XX. MP0018 3-18

B. NOT ATTACHED: Retained in the evidence repository of this office. 7. One brown leather wallet. 8. One American Express credit card. 9. $500.00 in American currency (4) one hundred dollar bills and (5) twenty dollar bills. Originals of exhibits 1 through 6 are maintained in the files of this office. INVESTIGATIVE STATUS: This is a final report. Commander's report of action pending. 3-19 MP0018

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LESSON 3

PRACTICE EXERCISE REQUIREMENT. The following questions are multiple choice. There are four choices to each. You are to select the one that is correct. Indicate your choice by CIRCLING the letter beside it directly on these pages. This is a self-graded lesson exercise. DO NOT look up the correct answer from the lesson solution sheet until you have finished. To do so will endanger your ability to learn this material. Also, your final examination score will tend to be lower than if you had followed this recommendation. 1. All persons who can contribute information to the investigation should be listed in the "Persons Related to Report" block of DA Form 3975 EXCEPT: A. military police. B. victims. C. subjects. D. witnesses. 2. The MP Report (DA From 3975) is used to: A. record all complaints, incidents, and military violations occurring on

post. B. record only those complaints occurring on a military post. C. record and report the results of MP investigations. D. all of the above. 3. Which of the following would be considered a crime involving general criminal intent? A. Burglary. B. Sodomy. C. Disobedience of superior officer. D. Murder. 4. When reviewing an offense involving general criminal intent, it is correct to state that: A. all violations of the UCMJ involve general intent. B. the intent is not an essential element of the crime. C. the intent must be proven as an essential element of the crime. D. the intent is presumed from the commission of the act. 5. The DA Form 3975 is used for all of the following EXCEPT to: A. report line-of-duty investigations. B. report complaints received. C. inform unit commanders of incidents. D. report incidents observed by military police. 3-21 MP0018

6. Which of the following most correctly describes when an officer may be charged with a violation of the general articles of the UCMJ? A. In his official capacity. B. In his private capacity. C. Either in his official or private capacity. D. Neither in his official nor private capacity. 7. Some crimes do not require any form of criminal intent. Which of the following is an example of such a crime? A. Carnal knowledge. B. Burglary. C. Rape. D. Malingering. 8. The DA Form 3975 provides: I. A record for line-of-duty determination. II. Statistical data for analysis review. III. A record of police action on reported incidents. IV. Information for unit commanders. A. I, II, and III. B. I, II, and IV. C. I, III, and IV. D. II, III, and IV. 9. Which of the following statements about the "Investigative Summary" portion of the report is CORRECT? A. It gives the justification for conducting the investigation. B. It is a concise statement of what the investigation revealed. C. It reveals the basis of the complaint. D. It is the recommended action for the unit commander. 10. If the MPI received an original complaint of larceny, but the investigation revealed it to be wrongful appropriation, how would the offense be listed in the complaint block? A. Larceny (alleged), Article 121, UCMJ. B. Larceny (unfounded) and wrongful appropriation (founded), Article 121,

UCMJ. C. Larceny (unfounded) and wrongful appropriation, Article 121, UCMJ. D. Wrongful appropriation, Article 121, UCMJ. MP0018 3-22

11. The initiation paragraph of the MP report: I. Is usually provided by the desk sergeant. II. Is the basis for further investigation. III. Is completed after the investigative summary. IV. Explains allegations and circumstances which initiated the complaint. A. I, II, and III. B. I, II, and IV. C. I, III, and IV. D. II, III, and IV. 12. Articles 77 through 134 of the UCMJ are known as: A. Assimilative crimes. B. The general articles. C. The punitive articles. D. Civil-type offenses. 13. Which of the following is the MOST important consideration when reviewing MP reports? A. Each report must be checked "Commander's Report of Action Required." B. The report should comply with military correspondence regulations. C. The report should contain all pertinent facts and evidence obtained during

the investigation. D. Each report must be made in triplicate to ensure adequate distribution. 14. When evaluations of investigations between the user of reports and MP consistently differ, the MP supervisor should: A. have all cases returned and investigated by the CID. B. consult with the SJA on rules of evidence. C. change his method of evaluation. D. thoroughly review MP investigations. 15. The Military Police Report Number is: A. the same as the MPCI number. B. assigned by the desk sergeant. C. is used as part of the CROSS REF/CRD REPT NO. D. all of the above. 3-23 MP0018

LESSON 3

PRACTICE EXERCISE

ANSWER KEY AND FEEDBACK ITEM CORRECT ANSWER AND FEEDBACK 1. C. Subjects. All persons, except subjects,...(Page 3-13, Part E, 14). 2. C. Record and report the results of MP investigations. This report will be used to record...(Page 3-6, Part D, c(4)). 3. B. Sodomy. General criminal intent is the...(Page 3-3, Part A, b). 4. D. The intent is presumed for the commission of the act. The existence of the intent is presumed...(Page 3-3, Part A, b). 5. A. Report line-of-duty investigations. The MP report is the basic form used to...(Page 3-5, Part D, a). 6. C. Either in his official or private capacity. An officer can violate this provision...(Page 3-4, Part B, c(l)(b)). 7. A. Carnal knowledge. Examples of punishable offenses which...(Page 3-3, Part A, d). 8. D. II, III, and IV. The purpose of the report is to provide...(Page 3-5, Part D, b). 9. B. It is a concise statement of what the investigation... This section is a concise summation...(Page 3-16, Part E, 19,

SYNOPSIS). 10. D. Wrongful appropriation Article 121, UCMJ. The type complaint/offense will be written...(Page 3-9, Part E, 7). 11. B. I, II, and IV. The report is normally begun by...(Page 3-6, Part D, c(2)). 12. C. The punitive articles. The punitive articles. Articles 77 through 134...(Page 3-3, Part B,

b). 13. C. The report should contain all pertinent... The report should state the facts...(Page 3-5, Part C, b(2)). MP0018 3-24

14. D. Thoroughly review MP investigations. Evaluation of an investigation. (Page 3-2, INTRODUCTION, d). 15. B. Assigned by the desk sergeant. Since the initial complaint is...(Page 3-7, Part E, b). 3-25 MP0018

LESSON 4

TESTIFYING IN COURT

Critical Task: 191-390-0153

OVERVIEW LESSON DESCRIPTION: In this lesson you will learn how to testify in court, boards, and administrative hearings. TERMINAL LEARNING OBJECTIVE: ACTION: Show the relationship between the original investigation and the

subsequent court appearance. Develop basic techniques for testifying in court and identify tactics used in cross examination.

CONDITION: You will have this subcourse, pencil, and paper to perform the task

contained in this lesson. STANDARD: You must earn a score of 70 percent on the final examination. REFERENCES: The material contained in this lesson was derived from the following

publications: DA Pam 27-10, STP 19-95B1-SM, and TVT 19-57.

INTRODUCTION

When considering testifying in court, remember this: Each investigation can result in a court-martial or other legal action. The main purpose of an MP investigation is to identify and apprehend suspects. The purpose of the apprehension is to aid a court to evaluate the circumstances of the offense. The court will then decide if the person charged did in fact commit the offense. Testifying in court is a major part of the MP job for two basic reasons. a. The presentation of evidence in a court marks the last step taken by the MP in a case. b. The quality and quantity of evidence is a major test of the completeness of the investigation. The effectiveness of presentation of evidence is another major test. 4-1 MP0018

PART A - PRETRIAL RESPONSIBILITIES. a. In thinking of preparing to testify, remember one fact: The whole investigation process should be thought of as preparation for testifying. Your duties at the scene are to ensure that evidence is properly collected and labeled, measure the adequacy of the investigation and prepare for testifying. Other prior duties that measured such adequacy included locating and interviewing witnesses, and properly recording specifics such as time, weather, etc. b. Write complete and accurate reports on each incident. Review these reports and your investigative notes (which can be used in court) to refresh your memory. The purpose of your notebook is to "refresh" your memory only. c. Cooperation with the prosecutor begins before trial. What the MPI knows must be passed on to the prosecutor. This enables both to review the testimony expected of the MP at trial. Conferences with the prosecutor are necessary, ethical, and legal. Therefore, a testifying MP, when asked on cross-examination if he has discussed the case with the prosecutor, should say, "Yes." He should say so without hesitation. d. Personal appearance. The MP on the witness stand should be clean and neat. He should reflect concern for the details of his appearance. The testifying MP should be cleanly shaved and have a fresh haircut, if male. The MP should leave firearms, handcuffs, keys, etc., out of the courtroom.

PART B - TESTIFYING. a. When an MP is called to testify, he should approach the stand in a serious, businesslike manner. When taking the oath, stand erect with the right hand raised proudly. Look the court officer giving the oath directly in the eyes. b. After taking the oath, be seated in the witness chair. Sit with BOTH feet flat on the floor. Place your hands in your lap or on the arms of the chair. Do not fidget or rattle change or keys. Don't make any movements or sounds that will distract the court's attention from your testimony. c. Never use your hands or arms to describe the size of an object or the location of a person in the courtroom. Say in WORDS what needs to be described. d. Avoid using police lingo. If you apprehended someone, say so rather than "pinched." "grabbed," or "collared." Avoid abbreviated terms like "DWI," etc.

PART C - COURTROOM PROCEDURES AND RULES OF EVIDENCE. a. The more familiar you are with the courtroom procedure and the rules of evidence, the better witness you will be. Objections made by the defense counsel, based on rules of evidence, can be confusing. This is especially MP0018 4-2

true if you are not familiar with the technical reasons for the objection. If you have a knowledge of the rules of evidence, you may avoid objections through the words you use when replying to questions. b. When an objection is made, stop your testimony. Wait until the court has ruled on the objection or instructs you to continue. Do not blurt out an answer to a question that is objected to by counsel. c. Answer all questions in a polite courteous way. After being asked a question, pause. Consider the question carefully. Then give a deliberate answer. If you did not hear or understand the question ask that it be repeated. If you do not know the answer to a question, say, "I don't know." Never "guess" the answer to a question. Refer to your notes when necessary. d. Never volunteer information. If you know the prosecutor has overlooked an important point, wait until you have been excused and then inform him of the point. If the prosecutor thinks it is important enough, he will recall you to be the witness chair. e. Do not testify as to opinions or conclusions. Your testimony must be based on facts which you have about the case on trial. Avoid such terms as "I think," "I believe," "In my opinion," etc. f. Do not argue. MPs who argue with the defense counsel will only antagonize the court. It also gives the impression that he is hostile to the defendant. Rely on the court to control any unfair questioning tactics of the defense counsel.

PART D - COURT VISITS. This is a good method to use for MPs to learn about courtroom procedures and techniques used when testifying: Sit in on an actual court proceeding. In this way you can observe witnesses under fire. You can them become familiar with the more common objections raised during testimony.

PART E - COMMON TACTICS OF CROSS-EXAMINATION.

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MP0018 4-4

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LESSON 4

PRACTICE EXERCISE REQUIREMENT. The following questions are multiple choice. There are four choices to each. You are to select the one that is correct. This is a self-graded lesson exercise. DO NOT look up the correct answer from the lesson solution sheet until you have finished. To do so will endanger your ability to learn this material. Also, your final examination score will tend to be lower than if you had followed these recommendations. GENERAL SITUATION. You have recently completed an investigation of an assault case. All of your reports, investigative notes, and collected evidence have been properly turned over to the persons responsible for receiving and processing them. SPECIAL SITUATION. You have just been notified that one month from today you will appear as a witness for the prosecutor at the court-martial of the accused. This will be the first time you have ever testified in court; you are somewhat nervous about it. 1. You decide that in order to become familiar with courtroom procedures, you will: A. read all books available on the subject. B. visit a courtroom while a trial is in progress. C. ask your company commander what goes on in court. D. read the transcript from a previous trial. 2. Prior to your appearance in court, you will benefit by doing which of the following: A. memorizing your investigative notes so you can answer all questions. B. memorizing your testimony so you will know exactly what to say. C. reviewing the case reports and your notebook. D. all of the above. 4-7 MP0018

3. The purpose of the pretrial conference with the prosecutor is to: I. review the expected testimony by you at trial. II. ensure the prosecutor knows everything you know about the case. III. establish cooperation with the prosecutor on all aspects of the case. IV. corroborate the testimony of other witnesses. A. I, II, and III. B. I, II, IV. C. I, III, and IV. D. II, III, and IV. 4. Probably the most essential aspect of preparing to testify in court is to: A. record in your notes everything you are going to say. B. conduct the entire investigation with a court appearance in mind. C. make sure your personal appearance in court is outstanding. D. be aware of the tricks used by the defense counsel. 5. You are now on the witness stand; the defense counsel has objected to the way in which you are replying to a question. You should: A. go ahead and quickly answer the question. B. wait for guidance from the prosecutor. C. pause, consider the question carefully, and then answer. D. wait for the court to rule on the objection. 6. The defense counsel has just asked you a question to which you do not know the answer. You should: A. wait for the prosecution to object to the question. B. guess at the answer in order to confuse the defense counsel. C. state that you do not know the answer to the question. D. answer the question to the best of your ability. 7. While testifying, the prosecutor overlooked an important point in the case. You should: A. volunteer the information while still on the stand. B. object to the manner in which you are being questioned. C. raise your hand so the court will recognize your question. D. inform the prosecution of the point after you have been excused. MP0018 4-8

8. The defense counsel is asking you one question right after another without giving you must time to answer. This tactic is known as: A. repetitious questions. B. rapid fire questions. C. suggestive questions. D. condescending counsel. 9. In order to create a long pause in your testimony and to create the feeling that you should say more than is necessary, the defense counsel will usually: A. object to the manner in which you are testifying. B. repeat the question. C. stare at you waiting for you to continue. D. ask you a different question on the same subject. 10. For the defense counsel to imply an answer to a question in an attempt to confuse you, is a tactic known as: A. leading the witness. B. badgering the witness. C. reversing the witness's words. D. demanding a "yes" or "no" answer. 4-9 MP0018

LESSON 4

PRACTICE EXERCISE

ANSWER KEY AND FEEDBACK

ITEM CORRECT ANSWER AND FEEDBACK1. B. Visit a courtroom while a trial is in progress. Court visits. (Page 4-3, Part D). 2. C. Reviewing the case reports and your notebook. Write complete and accurate reports…(Page 4-2, Part A, b). 3. A. I, II, and III. Cooperation with the prosecutor begins before…(Page 4-2, Part A, c). 4. B. Conduct the entire investigation with a court… The whole investigation process should be…(Page 4-2, Part A, a) 5. D. Wait for the court to rule on the objection. When an objection is made, stop your…(Page 4-3, Part C, b) 6. C. State that you do not know answer to the question. If you do not know the answer to a question, say…(page 4-3, Part C, c) 7. D. Inform the prosecution of the point after you have been excused Never volunteer information. (Page 4-3, Part C, d) 8. B. Rapid fire questions. Rapid fire questions. (page 4-3, Part E, 1) 9. C. Stare at you waiting for you to continue. Staring (Page 4-5, Part E, 11). 10. A. Leading the witness. Suggestive question (Tends to be a …(Page 4-4, Part E, 6). MP 0018 4-10