Deceptions and Tactics in Investigation
"For by wise counsel you shall wage your war; and in a multitude of counselors there is safety." — Proverbs, Chapter 24.
During the Conduct of an Interrogation or Investigation, There Is Often a Need to Employ Deceptions and Tactics.
When Dealing With an Overt Investigation — There Are Situations Where the Investigation Reaches a Dead End Due to the Subject’s Choice Not to Cooperate With the Interrogator, Meaning by Remaining Silent or Lying.
When Conducting a Covert Investigation, in Order to Obtain the Desired Information from the Target, a Detailed Plan Must Be Developed, Including a Legal and Credible Cover Story, Within Which Information Can Be Collected Secretly Without the Subject Realizing Such Collection Is Taking Place. At Times, Covert Surveillance May Also Be Incorporated into the Investigation to Track the Object’s Movements and Daily Routine.
The Subject’s Entanglement in Their Own Lies Is a Positive Outcome Resulting from the Use of a Tactic.
When Referring to Types of Tactics in Investigation, Three Main Categories Can Be Identified:
- Human-Based — Deployment of an Informant, Use of an Undercover Agent, Applying Pressure Through an Accomplice, etc.
- Technical — Recordings, Surveillance, Covert Photography; in Investigations Conducted by State Authorities, This Also Includes, Upon Obtaining a Court Order, Wiretapping, Retrieval of Call Records, Cell Phone Location Tracking, etc.
- Manipulative — Presenting the Subject’s Legal Situation as Severe, Creating a Scenario Whereby the Subject’s Accomplice Has Allegedly Confessed and Implicated the Subject in the Offense, Conducting an Interrogation Under a Suitable Cover Story, Setting Traps Such as Marked Banknotes or Marking Goods Suspected of Being Stolen with Luminous Powder; in Investigations Conducted by State Authorities, and Upon Obtaining a Court Order, This May Also Include Fabricating Documents or Presenting Testimonies Allegedly Given by the Subject’s Accomplice Claiming That the Subject Was the Dominant Figure in the Offense.
When Employing Tactics and Deceptions During an Investigation, Attention Must Be Paid to the Legal Limitations:
Wiretapping Is Prohibited — Every Novice Investigator Is Familiar with the Classic Scenario from Detective Films, Where the Investigator Places Two Accomplices in the Interrogation Room, Secretly Activates a Recording Device Without Their Knowledge, and Then Leaves the Room Suddenly After Being "Called Away" — Hoping They Will Talk to Each Other, Coordinate Their Stories, and That the Conversation Will Be Captured on the Recording.
For the Avoidance of Doubt — It Is Permitted and Even Advisable to Continuously Record the Interrogation Secretly, and This Is Legal and Legitimate as Long as the Person Making the Recording Is a Party to the Conversation and Present During It, or Has Received Prior Consent from One of the Parties to the Conversation to Make the Recording.
In a Case Where Covert Surveillance Is Conducted on a Company Employee Who, During the Surveillance, Arrives at a Café and Meets with Another Person — Investigators Are Permitted to Record the Meeting on Video Only, Without Audio. If the Conversation Between Them Can Be Heard Naturally (Without the Use of a Device), It Is Permitted to Document the Main Points of the Conversation in Writing, but It Is Not Permitted to Record It or Capture It on Audio.
It Is Prohibited to Forge Documents, Signatures, or Official Documents.
- Care Must Be Taken Not to Make False or Unbacked Promises — This Point Is Especially Relevant When Interrogating Employees Suspected of Committing an Offense or of Theft/Embezzlement. One Must Avoid Promises Such as "If You Confess, You Will Not Be Fired," Unless This Has Been Pre-Approved by the Organization’s Highest Decision-Maker. Similarly, Promises Like "If You Confess and Tell the Whole Truth, We Will Handle the Matter Internally and No Police Complaint Will Be Filed" Must Also Be Pre-Approved by the Highest Decision-Maker.
- It Must Be Remembered That If It Is Decided to File a Police Complaint Based on the Findings of the Interrogation — When There Are Multiple Individuals Involved in the Offense, All Investigation Materials Must Be Submitted to the Police. It Is Not Permitted to Selectively File the Complaint Against Only Some of the Individuals Involved or to Promise "Immunity" to an Employee Who Confessed.
- Care Must Be Taken Not to Film a Person in Their Private Domain — As the Saying Goes, "A Person’s Home Is Their Castle." In the Modern World, There Is Extensive Use of Covert Video Recording Equipment That Captures Both Sound and Video. If, for Any Reason, the Interrogation Is Conducted Inside the Subject’s Home, It Is Permitted to Record the Conversation Secretly in Audio, but It Is Prohibited to Conduct Covert Video Recording Inside the Home.
- When Conducting an Investigation Under a Cover Story — Caution Must Be Taken Not to Impersonate a Representative of a State Authority, Not to Impersonate a Licensed Professional, Not to Perform Emotional Manipulation on the Subject (Such as Offering a Job Opportunity), and Not to Entice the Subject to Commit an Offense.
When Employing Tactics and Deceptions During an Investigation, the Following Factors Must Be Taken Into Account:
A. Advance Planning Is Required — Including Studying the Subject and Their Background, as Well as Their Personality and Personal Characteristics.
B. A Legal and Credible Cover Story Must Be Developed to the Greatest Extent Possible.
C. Continuous Documentation Through Audio Recording Must Be Maintained, and If Possible, Also Through Covert Video Recording.
D. Investigation Tactics Are Considered Investigative Material That Cannot Be Granted Privilege and Will Be Disclosed Later, Both During the Police Investigation Following the Filing of a Complaint, If Submitted, and in Court if Legal Proceedings Are Initiated.
E. All Actions Must Be Carried Out in Compliance With the Law.
F. In Case of Doubt Regarding the Legality of a Tactic or Deception, It Is Recommended to Seek Legal Advice.
G. Tactics and Deceptions in Investigation Are Extremely Important for Establishing the Evidentiary Basis.