That is true. But I learned in TV news that a videotape is worth a million
words when it shows the body language of a smirk or arched eyebrow, the
physical and verbal gyrations of an agonized confession, a vocal tone of arro-
gance or sarcasm, or the hysterical sobbing of an interviewee repenting their
criminal deeds. There is no substitute for an effective investigative interview
of a human being.
Many years ago, I investigated a powerful politician who was lining his
pockets with graft and was introducing legislation that benefited his hidden
Preface
xxi
personal financial interests. The documents I collected laid out the facts in
great detail. But it was the TV investigative interview, in which the politi-
cian nonchalantly and flippantly admitted his misconduct without any vis-
ible remorse, that told the full story and gave it life. His political career fizzled quickly after the TV audience saw and heard his performance.
So what are the traits of truly great investigative interviewers? They have
constant curiosity and an unquenchable thirst for knowledge. They prepare
for an interview by researching in advance as much information as possible.
They know what the answers to questions are likely to be before they are
asked. They know that asking obviously well-informed questions helps cre-
ate a sense of intimacy and often throws the people being questioned off bal-
ance by signaling that the interviewer is not to be taken lightly. They know
how to quickly establish rapport and personal chemistry with the interview
subject, then ask a blend of both open-ended and pointed questions with
impeccable and precise timing while carefully listening to the responses
to achieve successful results. They are excellent listeners of the spoken word
and observers of unspoken body language. They can be simultaneously both
gentle and tough questioners. They have a taste for going for the jugular
while instinctively knowing when to back off or shift gears if the interview
takes unexpected and useful turns. And they know how to keep their own
emotions in check while hearing the most graphic and disturbing
revelations.
Investigative interviewers usually make their biggest mistakes when they
become impatient and try to speed up interviews to get key information.
A skilled interviewer understands the value in taking plenty of time to listen
and elicit information. Speeding up the process usually creates more prob-
lems than it solves, especially when interview subjects lose their comfort
zone and begin to evade or clam up.
Skilled interviewers also know when to ask a pointed question and then
shut up. Staying silent often causes an interview subject to fill in the uncom-
fortable gap by carrying on the conversation and inadvertently disclosing
valuable information. Most people need some time to grapple with their
thoughts and develop a response. Often a gem pops out of the interview sub-
ject’s mouth just because the questioner was silent.
The best interviewers always invite the last word from those being ques-
tioned. They ask whether there is anything else that should be discussed or if
there is any question the other person would like to ask. Sometimes an unex-
plored angle reveals the most useful information. These techniques and
much more are explained in depth in The Art of Investigative Interviewing.
xxii
Preface
Investigative interviewing skills are not easy to acquire. It takes years of
practice and experience to perfect them. As a veteran investigative journalist
and private investigator, I say without reservation that this book will
help you. Study it carefully and keep it handy for future reference. I am con-
fident that the knowledge gained from studying The Art of Investigative Inter-
viewing will greatly help shorten the learning curve for you to become a
master of the art.
Good luck in your continuing search for truth and justice.
Pat Clawson
and NBC News, Flint, Michigan, and Washington, DC
INTRODUCTION
When I was approached to write this third edition of The Art of Investigative
Interviewing, it seemed more than a coincidence. Charles Yeschke, author of
the first and second editions, had been a friend and mentor to me for over
25 years. For many years Chuck and I were both involved members in the
Minnesota Chapter of the American Society for Industrial Security (ASIS)
International. In my young career, I had attended one of Chuck’s classes on
interviewing, and he autographed his first edition of this book for me.
Chuck went on the write the second edition. I felt honored and privileged
to be asked to write this, the third edition, because of the connection I had to both Chuck and to the subject matter. The title, The Art of Investigative Interviewing, is so significant and relevant because interviewing is indeed an art.
When I started my career in security management after studying both law
enforcement and criminal justice, most of my peers and definitely most of
my predecessors had came from either a military background or a law
enforcement background. The interviewing techniques used through the
1980s, which incorporated coercion and confrontation, are definitely differ-
ent from the communication techniques used in 2013. Investigators in the
corporate and private sector did not have to use the Miranda warning (since
1966 it had become the practice of police investigators to read suspects their
rights before questioning). Over the years I trained in both the Reid tech-
nique of interviewing as well as the Wicklander-Zulawski approach. Over
years of experience and training, skilled interviewers fine-tune their skills,
along with honing their personal styles, to become successful interviewers.
My philosophy is to approach each interview with the knowledge that
there is a high probability that you may only get one chance to interview
your subject and to be fully prepared so that it can be successful in giving
you whatever information you are searching for.
My goal in writing this book is to pass some of the skills I have learned
through the years onto new interviewers or those who only rarely conduct
interviews but who need the information as much as skilled interviewers do.
Interviewers have to draw on elements from psychology, philosophy, and
sociology as well as from their own personal empathy, respect, and compas-
sion. We discuss all these elements throughout the book, along with the
importance of preparation and determining the goal of each interview.
xxiii
xxiv
Introduction
We also discuss other factors that should be considered, such as the setting,
location, and intensity of the interview.
Each interviewer brings unique skills to the task because of his or her
personality and experience. Interviewing is indeed an art because each of
us is unique in how we conduct interviews.
Inge Sebyan Black
1
CHAPTER
So You Want to Be an Investigative
Interviewer?
; INTERVIEWING, INTERROGATIONS, AND INVESTIGATIONS
There are hundreds of books on interviewing, interrogations, and investi-
gations for law enforcement, but if you are in the private sector or work
for a corporation, there are differences. Those differences can often work
in your favor. This book is written for those of you who will conduct inter-
views outside of a law enforcement environment. The one big difference in
the United States is that if you are in the private sector, you are not required to read the Miranda warning before questioning a suspect. We also have no
time restrictions when talking to employees about company business. We
also have access to employees’ company computers, company cell phones,
or any other equipment that is owned by the company, without a search
warrant.
In the chapter ahead, we discuss the Miranda warning questions and
answers, interviewing techniques, deception, and evidence. In this chapter
we examine what it takes to be an investigative interviewer and some helpful
tips for when the time comes to conduct that first interview. You might not
be a private investigator; you could be a human resource specialist, asset pro-
tection associate, insurance investigator, loss prevention officer, security
director, or owner of a business. If you take away anything from this book,
the author hopes it will be an understanding of the importance of preparing
for an interview and how in these times, research is infinite and critical to a
successful interview. That first interview might be the only chance you’ll
ever have to talk to your interviewee. As a private investigator, one shot
may be all you’ll get.
Investigative interviewing is definitely an art. It is an art because no two
people are the same, which translates into every interviewer having unique
mannerisms and techniques. Each will bring to the process different compo-
nents, including personalities, traits, and styles. Individual style will be determined by the interviewer’s work experience, personal life experience, and
training. There are as many variables as there are individuals. No one can tell
you what to do, what to ask, or what to say. What I can tell you is that with
1
2
The Art of Investigative Interviewing
training and practice, you can be a successful interviewer. Through practice,
you can perfect your individual style. All of the suggestions and descriptions
in this book are just that—suggestions. They represent one or two individual
styles, but not yours. Your style is unique to you.
In this first chapter we discuss some tools that I have personally found to
be useful. You may also find some of these useful, or maybe they won’t apply
to the interviews you conduct, or maybe they simply don’t work with your
personality. In Chapter 6 we discuss differences between public and private
interviewing, and in Chapter 11 we look at questioning techniques.
BENEFITS OF BEING A NOTARY PUBLIC
One investigative interviewing tool is obtaining authorization as a notary.
Depending on the country you live or work in, this might not be possible.
In Canada, being a notary varies among provinces and territories and the
process can take years. For example, in Quebec and Manitoba, only individ-
uals with law degrees can apply to be notaries. In British Columbia, an appli-
cant only has to have taken a university course. In Ontario, they allow both
lawyer and nonlawyer notaries public, but if you are not a lawyer, there is a
three-year term appointment and application is through the attorney gen-
eral’s office. In the United States, a notary public is someone appointed
by a state government. In 32 states, the main requirement is to fill out a form
and pay a fee, whereas other states have restrictions on applicants with crim-
inal histories. In 18 states, applicants have to take a course, pass an exam, or both. These are just a few examples of how becoming a notary will vary by
locale.
Being able to interview a subject, take a statement, and notarize it elim-
inates the consequences of what could happen if the interviewee refuses to
meet with you again. Being a notary ensures that the interviewee’s statement
and signature are captured the first time. You also do not need to be con-
cerned about having a witness who is also a notary with you. Meeting and
interviewing someone that first time might very well be the last time. If you
are with a law enforcement agency, you will likely find it easier to see and
interview someone multiple times, but in the private sector this is not always
the case. In many interviews I have done as a private investigator, once I
finished and have left the interviewee, something happened. That some-
thing was that the interviewee suddenly realized that the information he
gave me might affect a relationship, a job, or his family or might affect
the interviewee himself in another way. Interviewees will likely realize that
So You Want to Be an Investigative Interviewer?
3
they should not have talked to you. They have second thoughts, and when
you go back to have them sign the statement, they suddenly can’t remember
that they said anything and refuse to sign the document.
The case that led to my becoming a notary was a sexual harassment and
assault case that I worked on for my client, the lawyer representing the vic-
tim. The key witness, who could substantiate the victim’s story, agreed to
talk with me and provided information that would prove the victim’s story.
The witness opened up and gave pertinent details of what he knew and saw.
I was not a notary at this time (in 1994). I returned to the corporate office of the business involved, and the witness refused to sign or notarize the statement he’d made. He stated that after he spoke to me the first time, he real-
ized that since he still worked at the company, he couldn’t risk his job by
giving such a statement and refused to meet with me again. Of course, this
adversely affected the victim’s case, and we had to look at alternatives to help support and win the case. This is when being a notary is invaluable.
As a notary, you interview, obtain answers pertinent to the case, and
write (in complete, clear, detailed sentences) the described facts as they were
told to you, read the statement to the interviewee, and verbally verify what
they told you. If the statement is correct, the interviewee needs to sign and
date the document, at which time you will notarize it. I can’t tell you the
number of cases that I successfully concluded because of the handwritten,
notarized statement. Another case involved three individuals who had
assaulted another individual and had bribed and threatened approximately
six witnesses. I interviewed all the witnesses, who eventually lied on the
stand in court. However, I had taken all of their statements by hand and
notarized them, and the case was won based on these statements. Since this
case, I am always prepared for the reality that I may have just one shot at
interviewing someone. Assuming that you might have only one interview
with your subject will force you to be fully prepared when you conduct your
research, plan your questions,
set the timing and setting, and finally, get the
interview.
Another tool that may be available to you, depending on local and state
laws, is to tape record your interview. You will have to examine the laws in
your state. In Minnesota, only one party needs to know that the conversa-
tion is being taped. In some states, all parties must be advised. I have often
taped interviews, not necessarily because I needed recordings or was
required by my client to do so, but if the interviewee later disputes in court
what they said, the interviewee has committed perjury. When you are alone
interviewing, this technique may help protect your integrity. Your client
4
The Art of Investigative Interviewing
may or may not want to be advised of your intent to record interviews.
I suggest you research your local and state laws and discuss this possibility with your client when you initially take a case and prior to taping the interview.
My experience is that attorneys have not always agreed with this practice.
The other benefit of tape recording interviews is that you don’t have to worry
about taking notes continuously, which means that you can concentrate on
being an active listener. Recording interviews may also assist you in analyzing
them for signs of deception.
RESEARCH TOOLS
Research is an extremely significant tool in the current Internet era. Never
underestimate what research can do for your interview. Every investigator
has favorite Websites and ways to research. This is a technique you will
develop over time. I prefer to run a background check on my interviewee
using TLOxp, an online investigative system that provides public and private
records, helps with identity authentication, aids in fraud prevention and
detection, and analyzes millions of records at a time. I rely on this as my first step; it allows me to look over individual assets and records to help me determine what else I would like to research or spend time on. This is only one
example of a tool that some investigators use. The ones you choose will
likely depend on what your client uses or has access to. Some firms already
have license agreements with an investigative system. It may also depend on
whether you have the necessary licenses and background for a particular