G. O 6.03 Interview And Interrogation

Question 1

All testimonial statements or info provided by citizens must be what?

Answer 1

Voluntary

Question 2

What are the two instances when an individual may have constitutional protections before providing the police with testimonial evidence?

Answer 2

5th amendment when an individual is in custody and interrogated to which Miranda warnings are required.

6th amendment for which a waiver of a right to counsel is required for all police initiated conversations

Question 3

What is required prior to conducting custodial interrogations?

Answer 3

Miranda rights

Question 4

When can an officer advise an individual of Miranda rights?

Answer 4

If the officer is responsible for the investigation of the case

Question 5

Prior to interrogating and individual who is in custody, the individual must be provided the following warnings:

Answer 5

• you have the right to remain silent
• anything you say can be used against you in court
• you have the right to talk to a lawyer
• if you cannot afford to hire a lawyer, one will be appointed to represent you if you desire one
• you can decide at any time to exercise these rights and not answer any questions or make any statements

Question 6

What are the 2 questions you must ask to ensure the individual understands?

Answer 6

• do you understand each of these rights I have explained to guy?
• having these rights in mind, do you wish to talk to us?

Question 7

When are officers not required to read Miranda?

Answer 7

• during investigative detentions
• transporting individuals who are under arrest from one location to another
• when the suspect makes spontaneous statements with no prompting by the police
• requesting identifying information to complete a tracer and booking forms
• questioning prisoners who have been sentenced, if the questions relates to the particular offenses the prisoner was convicted of

Question 8

When does a 6th amendment right to counsel apply?

Answer 8

Only when a defendant has been indicted, made an initial court appearance on a specific charge, or if the defendant has retained counsel on the specific charge

Question 9

When practical, officers should have individuals read and sign what?

Answer 9

A legal rights waiver form

Question 10

Juveniles interviewed or interrogated by the police are afforded the same what, we adults?

Answer 10

5th and 6th amendment protections

Question 11

What factors will the courts take into account when determining the voluntary was of statements made by juveniles?

Answer 11

• the environment where the interview is conducted
• any prior experience the juvenile has with the criminal justice system
• the juveniles maturity, education, and intelligence level
• whether or not a parent or guardian was contacted and permitted officers to question the juvenile
• the juveniles capacity to understand their legal rights and the consequences of waiving those rights

Question 12

What are the exceptions to contacting a parent or guardian of a juvenile, prior to custodial interrogation?

Answer 12

• the parent or guardian is a codefendant
• the parent or guardian is suspected of committing a crime against the child
• after every reasonable effort has been made and they cannot reasonably be located or refuses contact
• if the LEO believes the information sought necessary to protect life, limb or property from an imminent danger and the questions are limited to those that are reasonably necessary to obtain that information.

Question 13

How many officers can conduct a custodial interrogation of a juvenile unless authorized by a supervisor?

Answer 13

No more than 2