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5 detective full guide > DIRECTIVE 5.23 > Flashcards

DIRECTIVE 5.23 Flashcards

1
Q

Interview defination.

The atmosphere during an interview

How should the interviewee feel

A

A purposeful and non accusatory conversation with a victim , complainant , a witness , or even a possible suspect.
The atmosphere is non custodial and the interviewee should feel that they are free to end of terminate the interview and leave at any time.

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2
Q
  1. Custodial interrogation

2. What will preceed all custodial interrogations

A
  1. Express questioning , initiated by law enforcement officers, after a person has been taken into custody or otherwise deprived of their freedom of action in any significant way about a crime or suspected crime as well as any works it actions in the part of the officers that are likely to elicit an incriminating response.
  2. All custodial interrogations shall be preceded by the issuance of the Miranda warnings
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3
Q
  1. Custody.
A

The test for determining if a person is in custody is whether the person is physically deprived of their freedom of action in any significant way. Or is placed in a situation in which they reasonably believe that their freedom of movement is restricted

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4
Q
  1. Whenever any victim , complainant , or witness enters a police facility to be interviewed, ever shall the investigator do
A
  1. Place they’re her on the victim/witness log along with they’re.
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5
Q
  1. For interviews conducted inside the detective division. What must the detective do to make the interviewee feel
A
  1. The investigator must give first notification that the questioning is non custodial and that the person is free to discontinue and leave at any time.
  2. The person should acknowledge that they are free to leave
  3. If at any time person wants to leave. They shall be permitted to leave immediately
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6
Q

Investigators must ensure interviewees are what 3

A
  1. Not physically deliver of their freedom.
  2. Not placed in any situation in which they believer that their freedom is restricted.
  3. The interviewee myst feel free to end or terminate the interview at any time
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7
Q
  1. Must a complaint or witness go to the detectives or speak with the police
  2. What if reasonable suspicion exists to believe they were involved
A
  1. No. Any comp or witness has the right to refuse to speak to the police
  2. Then contact the investigative supervisor and ask if probable cause exists for an arrest. If not. Let the person go
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8
Q
  1. What must happen if a person invoked his Miranda rights
A
  1. The interrogation shall cease immediately.
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9
Q
  1. If a suspect invokes his Miranda rights. The suspect may not be questioned anymore about 3
A
  1. Crimes they are charged with
  2. Other crimes.
  3. Or by other investigators
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10
Q
  1. After Miranda rights have been invoked by a suspect. All questioning must cease. What just happen in order for questioning to begin again
  2. What can’t the police do
A
  1. The suspect has had an opportunity to consult with their attorney.
  2. Their attorney is present at the questioning
    Or
  3. The suspect initiated new contact with the police completely on their own
  4. The conduct must be initiated by the suspect , on their own , without any in our from the police.
  5. The police cannot initiate the contact
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11
Q
  1. After the Miranda rights are invoked by the suspect. If he does initiate contact in his own with police. What must be done
A
  1. The Miranda rights must again be administered.
  2. And a waiver must be obtained before act questioning may take place.
  3. Document and if possible obtain written verification that the suspect initiated the communication
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12
Q
  1. What is considered the test for determining the voluntariness of a confession and the validity of the Miranda warnings
  2. What factors are considered 7
A
  1. The totality of the circumstances surrounding the confession.
  3. Duration of the interrogation
  4. Means of the interrogation
  5. The suspects physical state.
  6. The suspended psychological state.
  7. The conditionals attendant to the detention.
  8. The attitude exhibited by the police during the interrogation.
  9. Any other factors used to drain ones power
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13
Q
  1. What happens after a criminal suspect has been in police custody for 12 hours without being charged with an offense 3
A
  1. The investigator shall notify the supervisor
  2. The supervisor will review the totality of the circumstances and approve or disapprove or continuing to hold the suspect
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14
Q
  1. What is done if the supervisor approves holding the suspect
A
  1. Sign. Date. And time next to the suspects name on the suspect log.
  2. Review the totality of the circumstances every 4 hours.
  3. Insert info every review
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15
Q
  1. What is done if the investigator disapproves the suspect being held
A
  1. Order the suspect identified by the dbc.
  2. Release suspect.
  3. Insert info on suspect log.
  4. Sign suspect release form
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16
Q
  1. Once a criminal suspect has been in police custody for 24 hours without being charged with a crime who is notified
A
  1. The commanding officer or Command inspections bureau commander is notified by the supervisor on duty.
  2. The commanding officer will review the totality of the circumstance and decide.
  3. Follow prior
17
Q
  1. A criminal suspect shall NOT be held ……..
A
  1. INDEFINITELY
18
Q
  1. Once a criminal suspect is held in police custody for 36 hours , who is notified
A
  1. The pertinent inspector or chief inspector
19
Q
  1. What will the inspector or cheif inspector do with a person who is in custody for 36 hours and not charged with a crime
A
  1. Order a suspect identification
  2. Order the suspect to be released
  3. Insert in the suspect log his name badge date and time
  4. Sign the suspect release form
20
Q
  1. What is the max amount of time a criminal suspect will be held without being charged.
A

36 hours

21
Q

Who is responsible for the VICTIMS/WITNESS LOG and the SUSPECT LOGS

What will the supervisor do with the logs

A

The investigative unit supervisors

  1. Submit them to the command officer on a daily basis
22
Q

Interviews and interrogation

A

5.23

5 detective full guide (121 decks)

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