How to Question Someone: an Investigative Interview

You’ve finally earned your badge and gun as a Customs and Border Protection Officer, but the toughest part of the job is just beginning. Now, you are the first line of defense against potential threats. One wrong decision in your interviews of international travelers could result in catastrophic consequences. But, fear no more! In this third part of Kazador’s How To Interview Someone series, we’ll dive deep into the difficult art of cross-examination. This will equip you with the skills to become a top-notch officer and interviewer. 

Review

Let's recap the foundational steps we've covered in the previous blogs. In the first part, Introduction and Rapport Building, you explain the purpose of the interview and begin to create rapport while establishing a baseline of the person’s verbal and non-verbal communication. In the second part, Assessment, your primary objective is to gather as much information as possible to determine the traveler's truthfulness. We emphasized the Pareto Principle, or 80/20 Rule, to remind you that your primary role is to listen more than you speak.

 Cross-Examination

Now, you weight the person’s statements, analyze their body language, check law enforcement systems, and conclude this person needs further questioning thus entering the cross-examination phase.            

          Step 1: Ensure the information is correct

At this point, you have a lot of information that might be incriminating or maybe just misinterpreted, so ask for clarification. Use the Funnel Method of questioning, which ask broad question and narrows down to more specific one. An example would be: 

(Top of Funnel)

 Can you explain further this section…. Talk more about this part…  (Notice the use of open-ended questions)

(Middle of Funnel)

Move to the 5Ws to get further details or clarification

“What happened, who did this, where did this happen” and so on

(Bottom of the funnel)

Use a direct question to get to the motive: “What was the ultimate goal of all of this” or “What did you mean to gain or prevent from all of this?”

This is a powerful question because learning this motive, you now understand the ultimate goal and can use it as leverage to learn the truth or get admission of wrongdoing.

          Step 2: Present the Suspicion

Once you've identified inconsistencies, deception, or illegal activity, use a direct question to gather more details. For example, you might ask, "You said you're not working. How can you afford this vacation?" or "What does this person you barely know, who's paying for your trip, expect to gain from your visit to the U.S.?"

Pay close attention to the traveler's baseline behavior, noting changes in body language, word choice, speech rate, volume, grooming gestures, and so on. If you observe multiple changes from the baseline within a short period while discussing a specific topic (a cluster of clues), you're likely on the right track and should delve deeper

Avoid using heavy-handed tactics like shouting or threatening with additional charges. These tactics, known as "external pressure," are ineffective and can alienate the traveler. Instead, employ a more strategic approach by using "internal pressure" combined with theme-based questions. Internal pressure leverages the information you've gathered during the introduction phase to create a powerful statement or question. For example, if you noticed the traveler has a military tattoo and you bonded over your shared experiences in the service, you could use that connection to highlight the inconsistency between their actions and their professed values. By framing your questions in a way that challenges their identity and sense of duty, you can create significant internal conflict. This can make them more likely to confess the truth in order to maintain their self-image.

Special Circumstance

In certain circumstances, a firm approach can be more effective than relying solely on internal pressure. Individuals with difficult personalities or negative attitudes towards law enforcement may require a stronger presence. This is particularly true when dealing with individuals with criminal histories, who often exhibit resistance to authority. Officers must maintain control of the interview specially when this type of people become argumentative about minor details, shout or try to intimidate. Officers can employ raising their voice one to two levels higher than the shouting person; they can display larger body posturing, such as bringing more officers to the scene. The “carrot and stick” technique is an effective approach at this juncture. This involves offering incentives for cooperation while also outlining the consequences of non-compliance. For a visual demonstration of this technique, consider this entertaining video from the YouTube channel Charisma on Command (Habit 5, 6:01). Humans are more likely to exert effort to prevent a loss than to acquire a gain. This psychological principle, known a loss aversion, explains why people are willing to work harder to avoid a negative consequence, thus given credibility to the carrot and stick technique.          

          Step3: Theme Based Questioning

Theme-based questioning involves using a central theme to shape your questions and guide the interview towards the truth. The chosen theme must be significant to the individual and based on information gathered during the introduction. To be effective, the theme should be coupled with internal pressure.

Let's consider an example using the popular theme of the good parent. The traveler you're interviewing mentioned plans to stay for a month, has a five-year-old daughter, and intends to visit Orlando's theme parks. You notice a phone number linked to a company known for hiring undocumented workers and mistreating them.

Employing the Good Parent theme, you might say: "When you were talking about your daughter, your eyes lit up. It's clear you care deeply for her. I know you wouldn't want your daughter to miss out on this magical experience. Tell me, what's really happening?" The phrase "you wouldn't want to experience..." is an example of internal pressure.

Continue to frame your questions from the perspective of a good parent, reinforcing or contradicting the traveler's denials. This technique can create significant internal conflict, making them more likely to reveal the truth

Other widely use themes are:

Minimize- the suspected illegal act is a minor thing, is not a big deal

Circumstances- the circumstances (the government, economy, bad parents, no parents, etc.) are to blame not the person

Victimization- the person was being used or manipulated

Mistakes – humans make mistakes, let’s talk about it to begin finding a solution

If you see the current theme is not softening the interviewee’s posture, then switch to another theme until you get the desired outcome.

          Step 4: Handling Denials

When confronting someone about wrong doing expect and prepare for denials. Its uncommon for someone to admit wrongdoing without a few rounds of denials first. Therefore, listen carefully to their responses, identifying inconsistencies, time lapses, incomplete statements, or contradictions. Use these inconsistencies as ammunition to challenge their claims. Consider this example: A traveler suspected of transporting drugs in his stomach repeatedly denies ingesting anything. While recounting their actions, you notice a significant gap of three hours last night. Say, "Your denials are hurting your credibility even more because you keep omitting that three-hour period, you're raising suspicions."

Remember, some people are skilled at persuasion, so don't be swayed by their confident denials. The more they repeat their lies, the more convinced they become. Therefore, it's crucial to prevent them from gaining momentum. Picture this, you're guarding a tall wall, and they're trying to climb. If you stop them before they even touch the wall, they'll quickly realize that their attempts are futile and that the only option is to tell the truth.

          Step 5: Getting the Truth

You've successfully established your suspicion, selected a relevant theme, asked probing questions, and shut down their denials. Now, it's time to guide them towards the truth.

Observe changes in their body language, such as hunched shoulders, lowered head, and slower, quieter speech. These signs indicate they're nearing the point of confession. At this stage, offer a helping hand by using a theme to help them "save face," meaning repeating a theme that gives them some relief to tell the truth. Your physical demeanor plays a crucial role here to influence others. As former FBI Hostage Negotiator Criss Voss suggest, adopting a “Late Night FM DJ Voice” can be effective. This involves speaking slowly, with a downward inflection, to create a calming effect. Additionally, adjusting your physical position can create a sense of trust or camaraderie. Whether you’re standing or sitting opposite of the person, aim to sit next to the person. Here’s another visual demonstration of this technique from Charisma on Command channel (Team, 3:41). Also, consider breaking the physical barrier with a gentle touch on the shoulder or a light pad on the hand.

If the suspect is still hesitant to provide the complete truth, consider introducing another officer to the interview. Sometimes, individuals feel more comfortable or secure speaking with someone different than the primary officer. Remember, don’t let your ego hinder your judgement on this approach. Your initial work was essential for uncovering the truth, regardless of who ultimately elicits the confession.

           Conclusion

We have covered the crucial and complex cross-examination part of the interview process. The strategy, process and actual questioning discussed here are based on years of successful interview encounters for law enforcement purpose at the borders. While this information provides a solid foundation, officers should continue to explore additional resources to enhance this challenging yet rewarding skill. Stay tuned for future discussions on valuable strategies, tactics and methods to become a top-notch officers/interviewer.