When I was young, my stepfather was murdered during a robbery. Two men were ultimately arrested, charged, and convicted for his murder. Growing up, I naturally assumed these guys paid the ultimate price and would spend their lives in prison. Many years later, I found myself assigned as a robbery/homicide detective solving cases for families who suffered as mine did; pretty ironic, huh?

One day, many years into my law enforcement career, I became curious and looked up my stepfather’s case. I learned that, on appeal, one of the suspects was set free after a second trial. My heart sank as I read the case notes, and although many years had passed, I was utterly disappointed. Quite frankly, I was pissed! I don’t blame the police; the case was retried because of a legal proceeding involving the severance of co-defendants at trial. I’m not sure whom to blame, if anyone at all. Regardless of whose fault it may or may not be, I can tell you it does not feel good to know someone gets to walk free after participating in such a life-changing crime.

This incident got me thinking. What if I had made a mistake on a case that allowed bad human beings to walk free? How would that make me feel? I started to think of my family’s case and asked myself, what can I do to ensure that I avoid letting a victim or a victim’s family down?

One of the most controversial aspects of a cop’s job is the interview. If we are susceptible to error in any aspect of our duties, it could definitely happen during this process, usually centering around the confession. There are a few examples of post-DNA/new evidence exonerations where someone confessed to a crime they did not commit. Although this is more common with juveniles or those with mental impairments, there are a few things we should be mindful of to ensure that this does not happen at all. This kind of mistake hurts so many people: the innocent person, the true victim, and all the family members of those involved.

Because I teach Interview and Interrogations, I have studied thousands of interviews over the years, including my own. I have seen the good and the bad, including my own. I have also made changes to my instruction and my interview style over the years. I signed up for this job to serve justice, protect those who can’t protect themselves, and put bad people away. The last thing I want is to obtain a false confession, hurt an innocent person, and allow a criminal to walk free. The following is a guideline to ensure that we minimize the possibility of getting a false confession.

CONFESSION VS. THE TRUTH

First and foremost, stop seeking the “confession” and start seeking “the truth.” Over the years, I have interviewed several people who were labeled suspects but were completely innocent. In my Advanced Interview and Interrogation class, I talk about one of these cases involving a suspect—we will refer to him as Steven. Steven matched the description of a shooting suspect and was even picked out of a photo lineup by a witness. Based on the eyewitness, I had probable cause to charge him with robbery and attempted murder. I didn’t.

I interviewed Steven. During the interview, it became clear to me that Steven most likely did not commit this shooting. Because my goal was to get the truth, I didn’t push for a confession. At the completion, I held off on charging him and we let him go. After conducting a thorough investigation, we ended up finding the right person, who was ultimately sentenced to 20 years. The truth should always be our goal. Ensure that you enter every interview/interrogation with an objective mindset. If you enter the room assuming guilt, that’s what you’ll find—right or wrong. 

KEEP IT EVIDENCE BASED

Challenging a suspect during an interrogation must be rooted in evidence, not in hunches or feelings about their guilt. A challenge should only occur when the evidence strongly supports the suspect’s involvement in the crime. For instance, if a suspect is seen on video committing a burglary, confronting them with certainty may be appropriate. However, interviewers should avoid making unsupported accusations or baseless assertions, as these can undermine the integrity of the interview process.

An evidence-based approach involves framing questions around known facts and evidence to guide the interview. By systematically establishing a timeline, investigators can lock the suspect into a narrative and then compare it against the available evidence. Contradictions between the suspect’s statements and the evidence provide an opportunity to challenge their account in a precise and focused manner.

By confronting suspects with evidence rather than assumptions, investigators maintain the integrity of the interrogation process while reducing the risk of false confessions. An evidence-based approach ensures that any admissions of guilt are rooted in the truth, not in coercion or misunderstanding. This method not only upholds ethical standards but also strengthens the reliability of the case, protecting both the suspect’s rights and the justice system’s credibility.

DON’T LIE

Lying to suspects during an interview is a risky tactic that can lead to serious consequences, including false confessions. When an investigator fabricates evidence or misrepresents facts, it can confuse or overwhelm a suspect, particularly juveniles or individuals with mental impairments, causing them to admit to something they didn’t do just to end the interrogation. Additionally, being caught in a lie destroys the investigator’s credibility, making it harder to recover trust during the interview and weakening the case in court. Effective interviews should focus on the truth, using evidence and strategic questioning to uncover facts, not relying on deception that can compromise justice.

NO PROMISES/NO DEALS

When we, as law enforcement, promise to let someone go in exchange for a confession, we are entering the realm of classic coercion. The only person who can make a deal involving a lighter sentence is the State/District Attorney, which, in most jurisdictions, has to be agreed upon with the suspect’s defense attorney. If the conversation of potential sentencing comes up, it is okay to be honest about what you have seen in the past or what the potential penalties could be, but make sure to remind the suspect that you can’t make promises or deals.

NO THREATS—NO VIOLENCE

Don’t threaten a suspect with long sentences if they don’t cooperate. As a matter of clarification, don’t threaten them with any type of sentencing. Not only is this unethical, but bringing up punishment may also shut a suspect down. Likewise, don’t threaten to take their kids away, don’t threaten them with violence, and don’t tell them what their new cellmate is going to do to them.

LONG INTERROGATIONS

The case of Michael Crowe comes to mind when I think of ridiculously long interrogations. In 1998, Crowe was suspected of killing his sister. Crowe was 14 years old, had just learned that his sister was dead, and was then subjected to a 10-hour interrogation where he ultimately broke down and confessed to the crime. A year later, he was exonerated by DNA evidence. Watching this interrogation is actually quite disturbing.

Try to limit the length of your interrogations to a few hours. Bathroom breaks, food, and comfort should be provided if you have to keep the interrogation longer than usual for investigative purposes.

GIVE BREAKS

If your suspect has to use the bathroom, let them go to the bathroom. If they are hungry, feed them. If they are cold, get them a blanket. Making the suspect feel like they have to tell you what you want to hear in order to obtain those things can lead to a false confession and may be challenged in court.

AVOID INTERVIEWING INTOXICATED SUSPECTS

It is best not to interview someone who is obviously under the influence of drugs or alcohol. I am not talking about someone who had a little to drink or may have smoked some marijuana. I am referring to obvious signs of impairment. Even if your suspect is guilty, a good defense attorney will attack the “confession” if given a chance.

JUVENILES AND PERSONS WITH MENTAL IMPAIRMENTS

In 2015, I was working a covert burglary detail when I caught an individual trying door handles on several vehicles. I brought him back to the station and conducted an interview. He quickly confessed to the attempted burglary, which wasn’t difficult considering the fact that I caught him in the act. But during this interview, I realized that he fit the description of a robbery suspect whom I had not yet identified. When I questioned him about the robbery, he admitted to running from the scene because his friend robbed the victim. As we spoke more, I suspected that he had a lower-than-average IQ. I quickly realized that he was agreeing to everything I was saying; I could have gotten him to confess to anything.

Obviously, I did not charge him with the robbery. He could not provide details of the case, I had no other evidence implicating him, and he was just an agreeable kind of guy. Again, our jobs are not to get confessions; our job is to get the truth. When interviewing juveniles or persons with mental impairments, keep the questioning simple, fact-driven, and non-confrontational.

RECORD ALL INTERROGATIONS

This practice should be common sense in this day and age. Whether you are in the interview room, on the side of the road, in the back of a patrol car, or at a suspect’s residence, every interrogation should be recorded on either video, audio, or both.

Additionally, if you are interviewing the suspect at your police station, any time your suspect leaves the interview room you should at least capture the conversation on audio. An example would be if you escort the suspect outside for a cigarette break or if you are driving your suspect to locate a murder weapon, other witnesses, etc. This prevents false allegations from being made by the suspect or the defense, especially if they confess during this time.

Some of you read this and might say, “But Jon, all of this is common knowledge, right?” Well, it should be, and I’m sure most cops know this. Unfortunately, case law is made for a reason. Recent case law.

If you are interested in learning more, consider attending one of our classes, or buy the book!