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.
2
Q
- Custodial interrogation
2. What will preceed all custodial interrogations
A
- 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.
- All custodial interrogations shall be preceded by the issuance of the Miranda warnings
3
Q
- 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
4
Q
- Whenever any victim , complainant , or witness enters a police facility to be interviewed, ever shall the investigator do
A
- Place they’re her on the victim/witness log along with they’re.
5
Q
- For interviews conducted inside the detective division. What must the detective do to make the interviewee feel
A
- 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.
- The person should acknowledge that they are free to leave
- If at any time person wants to leave. They shall be permitted to leave immediately
6
Q
Investigators must ensure interviewees are what 3
A
- Not physically deliver of their freedom.
- Not placed in any situation in which they believer that their freedom is restricted.
- The interviewee myst feel free to end or terminate the interview at any time
7
Q
- Must a complaint or witness go to the detectives or speak with the police
- What if reasonable suspicion exists to believe they were involved
A
- No. Any comp or witness has the right to refuse to speak to the police
- Then contact the investigative supervisor and ask if probable cause exists for an arrest. If not. Let the person go
8
Q
- What must happen if a person invoked his Miranda rights
A
- The interrogation shall cease immediately.
9
Q
- If a suspect invokes his Miranda rights. The suspect may not be questioned anymore about 3
A
- Crimes they are charged with
- Other crimes.
- Or by other investigators
10
Q
- After Miranda rights have been invoked by a suspect. All questioning must cease. What just happen in order for questioning to begin again
- What can’t the police do
A
- The suspect has had an opportunity to consult with their attorney.
- Their attorney is present at the questioning
Or - The suspect initiated new contact with the police completely on their own
- The conduct must be initiated by the suspect , on their own , without any in our from the police.
- The police cannot initiate the contact
11
Q
- After the Miranda rights are invoked by the suspect. If he does initiate contact in his own with police. What must be done
A
- The Miranda rights must again be administered.
- And a waiver must be obtained before act questioning may take place.
- Document and if possible obtain written verification that the suspect initiated the communication
12
Q
- What is considered the test for determining the voluntariness of a confession and the validity of the Miranda warnings
- What factors are considered 7
A
- The totality of the circumstances surrounding the confession.
- Duration of the interrogation
- Means of the interrogation
- The suspects physical state.
- The suspended psychological state.
- The conditionals attendant to the detention.
- The attitude exhibited by the police during the interrogation.
- Any other factors used to drain ones power
13
Q
- What happens after a criminal suspect has been in police custody for 12 hours without being charged with an offense 3
A
- The investigator shall notify the supervisor
- The supervisor will review the totality of the circumstances and approve or disapprove or continuing to hold the suspect
14
Q
- What is done if the supervisor approves holding the suspect
A
- Sign. Date. And time next to the suspects name on the suspect log.
- Review the totality of the circumstances every 4 hours.
- Insert info every review
15
Q
- What is done if the investigator disapproves the suspect being held
A
- Order the suspect identified by the dbc.
- Release suspect.
- Insert info on suspect log.
- Sign suspect release form
16
Q
- Once a criminal suspect has been in police custody for 24 hours without being charged with a crime who is notified
A
- The commanding officer or Command inspections bureau commander is notified by the supervisor on duty.
- The commanding officer will review the totality of the circumstance and decide.
- Follow prior
17
Q
- A criminal suspect shall NOT be held ……..
A
- INDEFINITELY
18
Q
- Once a criminal suspect is held in police custody for 36 hours , who is notified
A
- The pertinent inspector or chief inspector
19
Q
- 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
- Order a suspect identification
- Order the suspect to be released
- Insert in the suspect log his name badge date and time
- Sign the suspect release form
20
Q
- 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
- Submit them to the command officer on a daily basis
22
Q
Interviews and interrogation
A
5.23
