EXAMINING POLICE INTERROGATION TECHNIQUES: an Introduction

In listening to the discussions of the Netflix documentary, “The Making of a Murderer,” an overwhelming majority of people mention the confession of the 16 year old suspect Brandon Dassey as being particularly disconcerting. Mr. Dassey, was a high school boy with an IQ in the 70’s when he confessed to participating in a sexual assault, kidnapping and murder. He made multiple confessions and recanted the confessions each time.

The combination of his tender age and his borderline mentally retarded/developmentally disabled cognitive abilities made him particularly vulnerable to interrogation techniques employed by an investigator and police. For those who are not familiar with interrogation techniques used against Mr. Dassey, one needs only to study the nine step Reid Technique espoused in Criminal Interrogation and Confessions by Inbau, Reid and Buckley (1986). This book is the authoritative text as to how to obtain a confession. Law enforcement in the United States has embraced this procedure and believe that a truly innocent individual will be able to withstand the psychological trickery and therefore if a confession is obtained, it must be the product of a guilty individual.

In order to understand the psychological underpinnings of this nine step approach one must realize that everything from a remote and quiet interrogation room, the placement of chairs, use of a desk, the wearing of civilian clothing etc. is all designed to increase tension and maximize the police officer’s control. The interrogation techniques are aimed at breaking down denials and resistance and thereby increasing the likelihood of a confession. But is the confession accurate?

In subsequent installments of this confession blog series, I will discuss in detail the Reid Technique and the psychological manipulations utilized, why innocent people confess to crimes they did not commit and the dangers inherent in confessions obtained using this technique.

Pending NC Bill May Shorten Time for Expungement of Misdemeanors and Low-Level Felonies

When a petition for expunction is granted, a criminal case court file is removed from the Clerk of Court’s office and destroyed. As far as the law is concerned, the case never existed and it cannot be listed on a criminal background check. A conviction, dismissal or a finding of Not Guilty will still appear on a criminal history. Therefore, you want to expunge cases whenever possible.

Proposed Senate Bill 362 would amend the expunction laws and allow for a shorter waiting period for the expunction of nonviolent misdemeanor and felony convictions. It would also allow for the dismissal of any case where a Not Guilty verdict was reached or the case was dismissed regardless of whether an expunction was previously granted.

Currently, you must wait 15 years for a misdemeanor and low-felony conviction to attain eligibility for an expungement in the state of North Carolina. But with if SB 362 becomes law, the waiting period will be substantially shorter: five years for certain misdemeanors and ten years for certain felonies. Expunction of a prior criminal conviction will remove barriers to those who experience are rejected or disqualified from opportunities due to a prior criminal conviction.

Misdemeanor Expungement in North Carolina

Those with nonviolent misdemeanor convictions such as drug and theft related offenses may be able to erase all record of the crime as early as five years after the date of conviction.

Low-Level Felony Conviction Expungement in North Carolina

If the bill becomes law, nonviolent low-level North Carolina felony convictions could be expunged as soon as 10 years after the date of conviction if there was not an active sentence. If there was an active sentence, the wait is five years or the expiration of probation and post release supervision whichever comes later.

No limit on number of expunctions for dismissed cases and acquittals

Currently, a person can only receive and expunction for dismissed cases occurring within a 12 month period. Once an expunction is granted, another cannot be sought even if the next case is dismissed or there is a finding of Not Guilty. If this bill becomes law, dismissed cases and acquittals can be expunged from one’s record whenever they occur. For example, one would be able to have both a dismissed marijuana possession charge from 2005 and a dismissed larceny charge from 2009 expunged instead of just selecting one. This is a huge benefit for those who have had several acquittals and/or dismissals over a period of years.

This bill is still pending but if it applies to you, I will update this blog when/if it becomes law. Keep your fingers crossed.

JUST BECAUSE YOU SELL DRUGS DOESN’T MEAN THE POLICE CAN SEARCH YOUR HOUSE…IN NC

In State of North Carolina v. Allman (COA 15-40, January 5, 2016), the Appellate Court, the court ruled that the police could not search a house where known narcotic sellers lived if no facts were presented in the search warrant affidavit that drugs were expected to be found at the residence. Just because known sellers lived there, if there were no observations linking the house to narcotic sales, they could not search it.

Furthermore, just because the police said that probable cause existed, without actual facts alleged in the affidavit, just sayin’ it did not make it so. Also, the warrant allegation stating that two occupants of the house were engaged in drug trafficking did not translate into a natural and reasonable inference that drugs were possessed, sold or manufactured at the house.

Now, the law in NC is different from the federal law. The federal laws permit the inference that “in the case of drug dealers, evidence is likely to be found where the dealers live.”