Assignment
Bob Smith has agreed to be interviewed at his residence. You and your partner will be conducting the interview. You called Bob and asked if you could speak to him regarding Robert Turner. Bob sounded very confident on the phone and said he would be available next Tuesday at his residence. Bob lives in a 7000 square foot home, 8 bedrooms, 5 baths, 4 car-garage, in a very expensive neighborhood.
The following is the information you have before interviewing Bob Smith.
Bob Smith (B) enjoyed the benefits of being born into a wealthy family.
B led a charmed life and was successful at most things at a very young age. B learned to fly a helicopter and an airplane before he was 16. He had other expensive habits such as collecting vintage cars and speed boats. He did very well in school even though he often missed class.
By his mid to late 20's he owned numerous expensive properties and had many luxury cars.
B who was born in 1988 and worked for his father who owned a very prosperous appliance manufacturing company.
B played host to high end pool parties at his estate house and always was the center of attention.
As well off as B seemingly had it there were difficult times in his past. His parents divorced when he was a teen. On December 3, 2019, B' father was found dead by B in his bedroom from a gunshot wound to his head. B would inherit millions of dollars from his father's estate.
B told the police on the day of his father's death that his father always seemed to hide his sadness and that his father never shared with him why he seemed depressed.
Bob had a friend, Julio Quiones (J). Unlike B, J came from a middle-class family and had a record of minor crimes like drug possession and DUI. J had a hard time holding down a regular job and made most of his money from drug dealing, in which B also allegedly participated in. B and J met 9 - 10 years ago and bonded over video games and smoking weed. Information from several of B's and J's acquaintances indicated that B and J liked to steal things for the fun of it, from shrubs to construction equipment. J has been living in B's basement for several years.
Robert Turner (R) was a 34-year old husband and father of a 6-year old girl. R was trying to sell his Ford F 150 pickup truck. R's wife, Tamy Turner (T) posted an ad online for the F 150 pickup. The Turner's wanted to grow their family. Money was tight and getting rid of the truck would make life financially a little easier.
On October 14, 2020, B and J arrived on foot at R's family home outside of Buffalo, MN to take the F 150 for a test drive. R asked his wife T if he should go with B and J and she said yes because "we want the truck to come back". T never saw R again.
T waited for some time, but R never returned. T called and texted R dozens of times, but R never responded. Finally, after several hours, T called the police and reported R missing.
Several friends of T launched a media campaign and shortly thereafter all of R's friends and neighbors were out looking for him. A few days after R went missing T gave a very emotional news conference where in she pleaded for her husband's safe return.
On March 1st 2021, long after T's news conference the police found R's F 150 pickup in a trailer on the property of B's mother. B's mother lived approximately 20 miles from B's house on 30 acres of land. He would occasionally visit his mother but thy were not close. The F 150 had been striped, but gunshot residue and traces of R's blood were found inside the F 150.
Yolanda Martinez (Y), B's ex-girlfriend, went missing in November of 2019. Y had led a troubled life. Her family and friends described Y as a happy go lucky person, with an outgoing personality, but could be very confrontational at times. Y also suffered from anxiety and depression since she was a young teenager.
The summer before Y disappeared, she was living with her parents who she constantly fought with over house rules. Y would leave her family home for weeks at a time, couch surfing with friends and escort clients. Y briefly dated B late in 2018 and at the beginning of 2019.
B was currently seeing Wanda Tills (W). W was a 29-year old high school graduate that at one time worked for B's father. B started dating W immediately after he broke up with Y. There is information that B may have been seeing W and Y at the same time. After Y and B broke up Y would still contact B. There were rumors that B was maintaining a sexual relationship with Y after they broke up. Y also sent taunting texts to W to claim she was still sleeping with B. This created a great deal of tension in B and W's relationship.
A friend of B's told police that he attended one of B's parties where everyone was drinking heavily including himself. At the party he thought he overheard B say when referring to Y "First I am going to hurt her." "Then I'll make her leave. I will remove her from my life."
B was first interviewed after R's disappearance. He told the police that he and J test drove the F 150 with R riding along. B said he drove the F 150, with J on his right and R in the back seat. B asked R if he would drop J and himself off at the Walmart in town (Located approximately 5 miles from R's home) when they are done with the test drive. R's home is located outside of town. R agreed. As they continued test driving the F 150 R commented that he saw a friend walking in the opposite direction. R said after he drops off B and J and heads back to his house, he will pick up the friend he saw walking on the side of the road. The above facts are confirmed by J and a video of B and J walking in the parking lot of Walmart. The video does not show the F 150 or R. R's friend who was walking on the side of the road was never found.
Your police department believes that B could be involved in the disappearance of R although you have no direct evidence.
Bob has not hired an attorney to represent himself in this matter. When you show up to interview B, he answers the door, and immediately asks you and your partner if he should have an attorney present while you talk to him.
When you enter B's house you see to your left a living room, two reclining chairs, a couch, a fireplace and several other pieces of furniture. You can see the kitchen on the other side of the living room. There is a fully enclosed deck on the opposite side of the kitchen.
You see to your right a family room that has two couches, two reclining chairs, several book shelves and other pieces of furniture. You can see through the family room into the dining room containing a long dining room table.
I. What are the most important features about Bob's personality that are indicated in the above facts that you should be considering when preparing to question Bob? How and why could those features help you in the questioning of Bob (Provide details and examples)
II. What are the most important features about Julio's personality that are indicated in the above facts that you should be considering when preparing to question Bob? How and why could those features help you in the questioning of Bob (Provide details and examples)?
III. How would you use the nature of the relationship between Bob and Julio when questioning Bob to confirm or deny your police departments suspicions of Bob's involvement with Robert's disappearance?
IV. Provide in depth detail of three different types of interview/interrogation techniques you would use in questioning Bob? Provide two specific types of questions for each technique you would consider using. Why do you think those techniques would be effective to use?
V. When you show up to question/interrogate Bob, do you have to read him the Miranda warnings? Why or why not? List two factors that Bob could argue that he was in custody and therefore should be provided the Miranda warnings.
VI. List three actions/techniques you and your partner could use to indicate that Bob is not in custody?
VII. What is the best way to determine where the questioning of Bob will take place in his house? Provide details including what you might say to Bob to determine where the questioning of Bob should take place in his house. Why is it a concern as to how and where the questioning of Bob will take place in his house?
VIII. Provide specific details and actions of how you and your partner would continue questioning/interrogating/interacting with Bob if Bob starts to blame the disappearance of Robert on Julio.