ABSTRACT

This chapter reviews the key areas of law that define the boundaries of how an interview or interrogation must be conducted. It is not meant to cover all the details of law, but rather to highlight general principles applicable to the process. Legal precedents change and interviewers must constantly be aware of decisions that have an impact on their jobs. The interviewer should regularly ask for interpretation and direction from prosecutors or corporate counsel. Asking for clarification is preferable to proceeding without direction although it might make life more difficult for the investigator if the answer is different from what is expected. Textbooks cannot remain current with the ever-changing court decisions, so professional interviewers must constantly update themselves on local and federal laws and company policy.