Written by Dr. Dorothy McCoy and Former DEA Agent Michael Vigil

Sun Tzu’s Art of War:

If you know the enemy and know yourself, you need not fear for the result

of a hundred battles. If you know yourself but not the enemy, for every victory gained

you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.

Endorsement:

I have years of experience working in an undercover capacity with the ATF and I find that these techniques are the essential "tools of the trade" to survive and help save lives for those who give up the ultimate sacrifice for their country. 

 Respectfully Submitted,

 Davy Aguilera (ATF and former ATF Country Attaché in Mexico)

The Authors 

The authors are from two different worlds. Dr. McCoy is the researcher, psychotherapist and published author.  Mr. Vigil is the rough and tough former DEA agent and internally renowned drug trafficking expert. He has extensive international experience and worked aboard for almost eighteen years against some of the most dangerous and ruthless drug traffickers in the world. He is also considered an expert in undercover operations. Dr. McCoy has spent the last 15 years studying human behavior. Her specific area is the identification of deviant behavior and how to respond to that behavior. The primary purpose of research, whether it is in the field or in the lab, is prediction. In law enforcement prediction can save your life.

Some of this material is from the pages of numerous research studies. Some comes from Mr. Vigil’s time in the trenches.

The Holy Grail of Deception Detection

Are you seeking the Holy Grail of deception detection? Regrettably, I have bad news for you. There is no silver bullet accurate and consistent deception detector or we would have found it by now. Our society, as it exists today, could no longer function if we were to identify the legendary perfect lie detector, body language clue. Professional and personal relationships would quickly tumble into disarray and disharmony; societies would crumble at our feet. Hence, we obviously need our polite, little prevarications.

As you will find, when you read former Agent Vigil’s From the Trenches scenarios, accurately understanding and interpreting body language is essential for many reasons. Determining truthfulness is only one goal.

Research

Let’s look at some recent research studies. According to researcher David Matsumato and his colleagues (2011), “Some people say that gaze aversion is the sure sign of lying, others that fidgety feet or hands are the key indicators. Still others believe that analysis of voice stress or body posture provides benchmarks. Research has tested all of these indicators and found them only weakly associated with deception.” This was reported in the FBI Bulletin in June of last year. These researchers suggest that having a baseline from which we can understand a particular subject aids in detecting a deviation from the baseline.

Nonverbal behavior may increase during lying. Untalented prevaricators are going to try to convince you of the veracity of their words. They may nod, try to appear sincere or use other nonverbal tools that they do not employ when they are being truthful. Again, you must have established a baseline of behaviors to detect these aberrant body language clues. Of particular interest are micro-expressions that are gone in the blink of an eye, oftentimes before we notice them in social situations. I fact, you may perceive it zoom past then question yourself, “Did I just see what I thought I saw?” You may have seen something useful or it may be simply a knee jerk emotional reaction that has nothing to do with veracity. It is still information you can add to your theory of truthfulness. Detecting deception is about adding many variables (i.e., body language, verbal expression, tone of voice, non-voluntary body reactions, background information) to develop a useful theory.

Statements and body language are normally congruent. If someone says, “I am scared silly” his or her body expression should correspond with the verbal statement. If there is an incompatibility you may wish to probe a little deeper. Though, lying does not establish guilt. It establishes only duplicity.

University of Virginia authors, Bella M. DePaulo, Ph.D., and Wendy Morris found a few lie indicators in their 2004 research study (Adelson, p. 1). These indicators are—increased pupil size, study listeners state liars are more nervous than the venerable “truthfuls,” and the dishonest are more likely to press their lips together. The authors will describe the full results of their study in their publication, Deception Detection in Forensic Contexts.

Now, let’s talk about talented liars, such as psychopaths. They are a different challenge altogether. They are the gifted deceivers. However, even psychopaths have tell-tale vulnerabilities. At the end of the quiz you will find more information on these intriguing chameleons.

New Technology

If you happen to carry around a functional, magnetic resonance imaging machine around with you, you may be able to actually test for “truth” in the near future. These tests may be reliable because they test brain activity. Dr. Paul Root Wolpe (2004), at the University of Pennsylvania, states, “A number of universities and private companies are trying to develop lie-detection technologies, using fMRI, EEG, near infrared light, and other strategies to directly access brain function” (p. 1).  Because of reliability concerns in using the polygraph, the fMRI may be part of a more dependable future for lie detection.

The Holistic Approach

We suggest using the holistic approach in detecting deceptions. Read the research literature on deception detection and interrogation and verbal clues, pay close attention to micro and macro-expressions, look to establish a truth baseline, find a good mentor, and practice, practice, and practice.

Would you like to test your skills? Are you a master at reading body language? We shall see.

Take the quiz

1.       You have asked a suspect a question and he looks up and to the left. This might mean:

a.       He is focusing on his feelings.

b.      He is looking inside himself constructing an image.

c.       He is distraught.

d.      He is trying to find the light at the end of the tunnel.

 

2.       This body language tool will help you to appear warm, friendly, open and confident:

a.       Arms unfolded

b.      Feet about ten inches apart

c.       Nodding your head

d.      Smile

 

3.       If a suspect is making little eye contact. It might mean:

a.        He is lying

b.      He doesn’t want anyone to read emotion in his eyes

c.       He is shy

d.      He does not like you

 

4.       If a suspect is wringing her hands as you talk. It might mean:

a.       She is nervous.

b.      Her hands are dirty.

c.       She is late for an appointment.

d.      She is lying.

 

5.       You are talking to a suspect and you lean toward him and nod occasionally. It might mean:

a.       You are near sighted

b.      You are self-centered

c.       You are paying close attention.

d.      You are having trouble hearing responses.

 

6.       If a suspect has her arms folded and legs crossed. It might mean:

a.       She is cold.

b.      She is lying.

c.       She wants to understand the person with whom she is speaking

d.      She is defensive.

 

7.       An officer is standing tall with chest out and head held high. It might mean:

a.       Improper training

b.      Aggression

c.       Strong self-confidence

d.      A poorly fitted vest

 

8.       A suspect’s pupils increase in size during the interview. It might mean:

a.       He is getting aggressive.

b.      He thinks the other person is sexy.

c.       He is trying to read emotion.

d.      He is lying.

 

9.       You are talking to a suspect and she is filtering her answers through her hands. It might mean:

a.       She is trying to hide bad breath.

b.      She is lying.

c.       She is self-conscious.

d.      She is feeling intimidated.

 

10.   We have such a powerful brain circuitry for the facial expression that,

a.       We see faces where there are none (i.e., moon).

b.      We often misread expressions.

c.       We get tired of reading expressions.

d.      We smile and glare just to confuse suspects.

 

11.   You stop a man driving a new SUV in Nevada and his carotid artery is pumping wildly. It might mean:

a.       He is wanted by the FBI.

b.      He has been exercising.

c.       He is embarrassed.

d.      He is stressed because he anticipates a speeding ticket.

 

(See explanation after quiz—no peeking!)

 

12.   You have asked a suspect a question and he looks up and to the right. It might mean:

a.        He is lying.

b.      He does not understand your question and he is stalling.

c.       He is trying to remember his attorney’s phone number.

d.      He is recalling a real image from within.

 

13.   You ask a suspect if he killed his rich Aunt Sophie. He replies, “No, I did not kill Aunt Sophie!” It might mean:

a.       He is very precise in his use of the English language.

b.      He is grief stricken about his poor Auntie.

c.       He is lying.

d.      It means absolutely nothing.

 Most appropriate responses (according to some research studies). You must understand that research studies and experts often disagree. If they should ever agree on one universal answer I will let you know. Promise!

1.       B

2.       D

3.       A

4.       A

5.       C

6.       D

7.       C

8.       D

9.       B

10.   A

11.   A

12.   C and D

13.   C

 

More information for questions 12 and 13

 

12. In both c and d the suspect is looking inside for information stored there.

 

13. If a suspect uses a contraction, such as “I didn’t do it,” in answer to your questions, “Did you kill your aunt?” he is more likely to be telling the truth than if he were to says, “No, I did not.” Contractions seem to be more trustworthy. I promise that’s the truth.

Explanation for Question 11

Warren Steed Jeffs, leader of a polygamous sect and one of the FBI’s Ten Most Wanted Fugitives, was arrested during a routine traffic stop in Las Vegas when an observant State Trooper noticed the fugitive’s carotid artery was throbbing wildly—he took a closer look. Good job, Trooper. 

Scoring your test

Give yourself one point for every correct answer. You can give yourself more points, but it will make scoring confusing.

Scores 1 – 4

I am afraid that you might find surviving on the mean streets more challenging than other officers. You are more likely to miss a body language signal that precedes an aggressive act. Also, you are more likely to misjudge a suspect’s intention and truthfulness. You may want to learn more about body language by visiting the Non-Verbal Communication Website and others on the Net. There is much to learn and it is quite interesting.  To be safe, stay close to someone who scored 10 or more on the test.

Scores 5 – 8

You are doing relatively well and can probably communicate and understand body language communication with little effort. You may want to visit the reference site listed (and many others) above to increase your store of knowledge. What does it mean when someone looks up and to the right while taking your picture with his/her cell phone? See, I told you there was more to learn. Besides being 50% safe is not quite enough.

Scores 9 – 13

You should be working for the Secret Service. They normally score highest of various professionals on tests of deception detection.  You are usually knowledgeable about body language. This knowledge will give you a distinct advantage in understanding your fellow creatures. Let me warn you, some of the nice officers from the first scoring group are going to be looking for you. Thank you.

Conclusion

Would you like to know how to consistently identify dishonesty? According to body language expert Robert Phipps, “Darting eyes, palms not visible, shifting from one foot to another, hand covering mouth or finger tugging at ear are clues.” Regrettably, as you know, these indicators are not always accurate. You should keep researching and learning about body language and lie detection. The more you know the safer you are, and in law enforcement this is the prime directive—stay safe. 

Former DEA Agent Michael Vigil: From the Trenches

During the many years of working undercover operations with the Drug Enforcement Administration, it was critical for Agent Vigil’s survival to be able to quickly read the intentions and actions of very violent drug traffickers. During his tenure with the DEA, they did not receive training on how to read body language, but he quickly trained himself in non-verbal communications. His life and those of his colleagues depended on this ability. He learned to read facial expressions, eye movement, breathing, perspiration, positioning of the body, leg movement, and positioning of the head. Moreover, Agent Vigil did not rely on just one body signal, but multiple signals that provided him with a better idea of what the traffickers were thinking and of their intentions.

Former Agent Vigil has included information on what he might have done in various scenarios listed below. Every interviewee, officer and situation is unique. You will have to decide what you should do based on your knowledge of yourself and after considering all relevant variables--quickly.

1.       You are negotiating with a violent drug trafficker and he keeps looking right and leaning to the right. This might mean he is lying.

 

Vigil, “I would continue to engage in conversation and then return to the issue(s) that was critical to getting the trafficker to tell the truth.”  “I would do this repeatedly, until he realized that I knew he was lying.”    

2.       While speaking with a criminal and he has continued eye contact during the entire conversation. This might mean that he is telling the truth, however many criminals can manipulative this signal.

Vigil, “I would continue to speak with the individual at length and speak with confidence and authoritatively, returning to key issues to determine the veracity of the what the criminal was saying.”

 

3.       You are negotiating price with a drug dealer and he rolls his eyes and head, it could mean: He is becoming frustrated.

Vigil, “I would calm him by speaking softly, but firmly, and at times change the subject to get him to relax.”

4.       You have been introduced to known drug trafficker by an informant and he does not blink his eyes very much and has a look of concentration, it could signal: He may become hostile and dangerous.

 

Vigil, “I would attempt to diffuse it by diverting the conversation to something other than drugs to make the individual feel more at ease. Or say, something like, “if you feel uncomfortable doing business with me, I can go elsewhere.” I was usually able to diffuse the situation.” 

 

5.       An undercover meeting takes place with suspect and he smiles without opening his mouth, it could mean that he is not happy and doesn’t fully trust you.

 

Vigil, “I would talk about something interesting to him and not press the issue of drugs. I would let him return to the drug negotiations on his own.

 

6.       Subsequent to an arrest, you are interrogating the defendant and he begins to bit his lower lip, it may mean that he is nervous and is under stress.

Vigil, “During interrogations of defendants, I actually heightened the stress levels because suspects will usually want to talk in order to relieve the stress.”

 

7.       You are debriefing an informant regarding drug related activity and he blinks his eyes and has constant hand movement, it could mean: He is excited and stressed.

Vigil, “I would calm the informant by being sympathetic to him and at times changing the subject to other more pleasant topics.”  “By acting calm and not acting aggressively, the informant usually also became less agitated.”    

 

8.       As an undercover agent, you are about to consummate a drug purchase from a drug dealer and he nods his head rapidly and his facial muscles become tense, it could mean: He is extremely nervous and anticipates a negative action against him.

 

Vigil, “It was critical to alleviate the agitation, because situations such as this could quickly become explosive.”  By acting calm and limiting my body movements, which conveyed no aggression on my part, they would normally relax and any hostility would diminish.” 

 

9.       An undercover meeting occurs with a violent criminal and he lifts his head and has a snarl on his face, it could mean: He is arrogant and could become volatile very quickly.

Vigil, “I would become deadly calm and never display any sign of being intimidated or nervousness.”  “In a calm and firm voice, I would look him in the eye and with slow, but purposeful body movement let him know that I was not afraid of him.”

 

10.   You meet with a drug trafficker in a hotel room and he expects to see money for the purchase of drugs and he eyes move quickly throughout the room and one of legs shakes constantly, it could mean: He could be planning a “rip-off.”

Vigil, “I would maintain my composure and stand very close to him and let him know that if he was planning a robbery, he would be making a serious mistake.”  “Any sign of nervousness, will be interpreted as a sign of weakness, which could cause a deadly situation.”

 

11.   Subsequent to making an initial purchase of drugs from a violator, you meet with him and question the quality of his product and he begins to point his finger at you and his face becomes red, it could mean: He is becoming aggressive and dangerous.

 

Vigil, “I would give him a way to save face, by indicating that one of his workers could have diluted the drugs a little too much.”

 

12.   During a vehicle stop, you order a suspect out of his vehicle and he begins to fidget and moves slowly from side to side, it could mean: He may have a weapon and is contemplating using it.

 

Vigil, “I would remain calm and provide very precise commands in a firm manner.”  My voice would not show nervousness, but would let them know that I was in charge of the situation.”

13.   You meet a trafficker in an isolated area and as you approach him, he places both hands on his hips, it could mean: He is ready for anything and it signals that he is ready to respond to any activity.

Vigil, “I would allay his suspicions and get him to relax, but beginning the conversation about something totally unrelated to the business at hand and that was enjoyable, i.e., sports, cars, etc.”

14.   An undercover introduction is made to a suspect and when you shake hands, he twists his wrist so his hand is on top of yours, it could mean: He immediately wants to impose his dominance.

 

Vigil, “I would always give the appearance of being relaxed and speak in a calm manner to let him know that I was not to be intimidated.”

 

15.   A trafficker meets you in a parking lot in a mall and during the negotiations, he stands with his legs spread wide and his arms at his sides, it could mean: He is ready to be aggressive and also defend himself.

Special Considerations

Some individuals, due to differences in the way they respond to their environment will not fit neatly into the usual body language model.

1.       Psychopaths—there are a number of research studies that suggest the psychopath’s brain is slightly different from non-psychopath’s brains.  This difference has created a number of potential issues and it may affect the way they respond. There have been few (if any) research studies focused solely on psychopathic body language; nonetheless, there are some general assumptions we can make. Psychopaths are emotionally barren. They can appear stoic, casual and unconcerned, even in stressful situations. Since they lack emotional depth they must become convincing mimics. They watch us and imitate our facial expressions and body movements. ”Created” emotional responses will appear, if you are watching carefully, slightly off. For example, if you were watching a foreign movie with dubbed in English, the words would not synchronize perfectly with the actor’s lip movements. Though psychopaths may be talented actors they are not in Tom Hanks’ league and a watchful officer will perceive enough to suspect something is not quite right. In law enforcement, we call that a clue.

2.        

Psychopaths have vulnerabilities. They are grandiose and absurdly self-confident. During interrogation if you try the usual play on emotions or their sense of guilt you will probably go away frustrated and defeated. They probably won’t feel guilty. After all, whatever they did was in their best interest, and their emotions are extraordinarily shallow. If you concentrate on the facts, have good background information and refuse to follow them on lengthy diversions you may triumph. Also,  psychopaths have some idiosyncrasies in their conversational style. They can contradict themselves within a very short time span and not seem to notice. You should notice and focus questions in that area. Though it is a cliché, I will say it anyway, the best predictor of future behavior is past behavior. That is particularly true with psychopaths—they do not learn from their mistakes and they do not plan for the future. If you happen to encounter a highly intelligent, successful psychopath, God help you.

 

3.       South Paws—left handed individuals will be a mirror image of the right handed individuals. Reverse everything you learn about eye movement and direction. Right handed individuals may look up and to the right if they are retrieving a memory—left handed individuals would be more likely to look up and to the left. Each person and his or her response patterns are unique. Body language indicators are simply that—indicators.

Projecting Strong Body Language

“It is recommended that individuals maintain the general projection of confidence via dominant body language even in situations where they feel safe. Potential perpetrators may perceive changes in body language signaling vulnerability and act on this perception.” Wheeler, S., Book, A., & Costello, K. (2009). Psychopathic traits and perceptions of victim vulnerability. Criminals Justice and Behavior, 36(6), 635—648

Predators are very adept at reading body language, even without training. If they perceive weakness, anxiety, fear or confusion it will activate on their highly sensitive emotion Geiger counter. Your body language should signal strong, determined, and in charge. Make eye contact, stand tall and straight, walk with purposeful strides and control your facial expressions. If you have to bluff to win the game, the predators are likely to be better than you are---keep that in mind. If you hear the counter begin to make a cracking noise, get out of the situation.

Violent, Mentally Disordered Persons

Dr. Bruce Harry is a forensic psychiatrist and an Associate Professor of Psychiatry at the University of Missouri. He is also Clinical Director of Fulton State Hospital, which contains Missouri’s only Maximum and Intermediate Security Units for those whose violent behavior is associated with their mental disorders. Dr. Harry addressed the issue of deception detection with this population. “I can only speak for myself, but clinically I am inclined to rely upon uncharacteristic avoidance of eye contact, uncharacteristic stammering, uncharacteristic coughing and/or clearing of one’s throat, uncharacteristic indicia of increased anxiety (e.g., fidgeting, needing to go to the bathroom, etc.), uncharacteristically evasive speech and uncharacteristic use of parapraxes. In order to use these indicators effectively, however, one must know the subject’s baseline. And, I only use these to raise my index of suspicion for deception.”  (McCoy added italics) 

Dr. Harry made the same point we have been discussing. If it is possible to have a baseline, your chances of accurately assessing veracity are greatly improved. Dr. Harry has over 30 years of professional experience.  He has examined thousands of violent, mentally disordered persons in both criminal and civil contexts and has treated hundreds of patients who have mental disorders that manifest as violent behavior. Remember, not all individuals who have mental disorders that manifest as violent behaviors are in hospitals. Many such individuals are on the streets. Thus Dr. Harry’s contribution is quite valuable.  

A Few More Tools

Here are a few obvious facial signals: 1) nostril flair (arousal, anger). 2) grin (happiness, affiliation, contentment); grimace (fear); lip compression (anger, high emotion, frustration); canine snarl (disgust); lip pout (sadness, submissions, uncertainly, seduction). Sneer (contempt, intimidation). 3) Frown (anger, sadness, concentration); brow raised (intensity, curious, slight surprise). 4) Big pupils (arousal, fight or flight, drugs), small pupils (rest-and-digest); direct gaze (affiliate, threaten, deception); gaze down (submission, deception, distraction). Adapted from Givens, 1998--2002, Center for nonverbal studies.

Remember, you are not the only person who studies body language. Misleading body language can be used to do just that—mislead. Look at the totality of the individual’s presentation when in doubt. Incongruity may be an attempt to conceal or mislead. As a Dallas cop told me, the truth is consistent. When the spoken word is at cross purposes with body language, normally it is safer to believe the body language; it is more likely to be unconscious.

  

Eye Movement and Neurolinguistic Programming: A Handy Chart

 

 

This shows eye movements observed in many individuals in various cultures. Eye movement up and to the right is remembered visual (it happened and I am remembering it). Eye movement up and to the left is constructed visual (I am creating a visual image—it is not a memory). Eye movement to the right remembered auditory (I heard it and I am remembering it). Eye movement to the left is constructed auditory (I did not hear it, I am creating it). Eye movement down and to the right is feeling. Eye movement down and to the left is internal dialogue.

(Dilts, 1976, 1977; Grinder, DeLozier and Bandler, 1977; Bandler and Grinder, 1979; Dilts, Grinder, Bandler and DeLozier, 1980)

The Authors

Michael S. Vigil served with the Drug Enforcement Administration for thirty-one years and retired at the Senior Executive Service level. He worked on major investigations, in an undercover capacity, in the United States, Mexico, Central and South America, and other countries. He was the Special Agent in Charge of the Caribbean and San Diego Divisions and also served as the DEA’s Chief of International Operations. He was the recipient of over twenty awards, to include the Administrators’ Distinguished Service Award. He also received the most prestigious award in law enforcement, NAPO’s Top Cop Award. He is the subject of numerous books and is considered an international expert on counter drug operations. 

The features are given to man as the means by which he shall express his emotions, and yours are faithful servants.—Sherlock Holmes