Interviews, interrogarations, and confessions Flashcards
Define ‘Non-Custodial’.
Situations where the individual is not in custody and is free to leave at any time.
What is the Miranda warning procedure?
Warn suspect of Miranda rights before custodial interrogation: right to remain silent, right to an attorney, etc.
Explain ‘Interview’ in law enforcement context.
A non-accusatory interaction aimed at gathering information about incident details.
Describe ‘Mental Illness/Disability’.
Impaired mental processes affecting reality recognition, reasoning, and conscious action control.
How should witness interviews be handled by officers?
Locate, identify, separate, and interview them separately to protect statement integrity.
What situations do not require Miranda warnings?
Terry stops, minor violations, routine questioning not intending to elicit incriminating responses, voluntary police appearances.
When are Miranda warnings necessary?
Before custodial interrogations, providing rights information and securing a waiver.
Explain ‘Persons of Diminished Capacity’.
Encompasses those exhibiting unusual behaviors possibly due to intoxication, drug use, mental illness, or medical issues.
How can officers modify the Miranda warning for individuals with mental illness or diminished capacity?
Officers may use simple words to modify the Miranda warning and record the interview.
What is recommended for officers when interrogating suspects with I/DD (intellectual or developmental disabilities)?
Consulting with a supervisor, recording the interrogation, allowing a support person or disability advocate to be present.
Why should officers not interpret lack of eye contact or atypical actions as indications of deceit when interviewing individuals with I/DD?
Due to their disability, lack of eye contact or atypical actions may not reflect deceit.
How should officers frame questions when interviewing individuals with I/DD to obtain valid information?
Use simple, straightforward questions but avoid yes or no questions.
What is emphasized when questioning victims, witnesses, or suspects with I/DD?
Being straightforward and avoiding typical interrogation techniques.
According to KRS 610.200, what are the duties of a peace officer when taking a child into custody?
Inform the child of their constitutional rights including the Miranda warning and notify relevant parties.
When are suspects allowed to be interrogated, according to the notes?
Suspects may be interrogated only after knowingly and intelligently waiving their rights.
What is the purpose of the policy on Interviews, Interrogations, and Confessions?
To provide officers with legally sound procedures and establish guidelines for recording interrogations.
What rights must be considered by officers during interviews or interrogations?
The suspect’s right to silence and right to counsel.
How does the Lexington Police Department handle juvenile interviews and interrogations?
By considering the limitations in maturity and emotional development characteristic of juveniles.
What is the definition of ‘Custodial’ in the context of the policy?
Situations where the individual is under arrest or feels their freedom is restricted.
Define ‘Developmental Disability’ according to the policy.
A long-term disability resulting in functional limitations in major life activities.
What is meant by ‘Custodial Interrogation’ as per the policy?
Questioning by officers after a person has been taken into custody.
Explain the term ‘Electronic Recording’ in the context of the policy.
An audio or video recording using magnetic tape, digital means, or other media.
How does the policy define ‘Intellectual Disability’?
Disorders characterized by limited intellectual functioning and adaptive behavior difficulties.
What does ‘Interrogation’ refer to within the policy?
The formal, systematic, and intensive questioning of a person arrested or suspected.
What factors are considered when determining the admissibility of confessions obtained during an interrogation?
Knowingly, intelligently, voluntarily, totality of circumstances including suspect’s mental and physical condition, time of questioning, age, education, and previous law enforcement experience.
How should officers handle custodial interrogations of deaf suspects?
Notify supervisor, arrange interpreter, follow department procedures on use of interpreters.
What is prohibited when trying to induce suspect statements?
Threats, false promises, coercion.
When can questioning be resumed after a suspect invokes the right to silence?
After a reasonable amount of time, with re-administration of Miranda warnings and obtaining a new waiver.
What must officers do before interrogating a suspect who previously invoked the right to silence?
Re-administer Miranda warnings before questioning.
What should officers do if a suspect makes reference to counsel but intentions are unclear?
Question further to clarify intentions.
What are the conditions under which a suspect can be interrogated after invoking the right to counsel?
If the suspect’s attorney is present, suspect initiates new contact with police, or 14 days pass since invoking the right.
How should officers document statements and confessions obtained during interrogations?
Fully document circumstances, recording on approved electronic case report, including location, date, time, duration, officers present, Miranda warnings, and suspect’s responses.
What should be accounted for in electronic recordings during interrogations?
Any lapse in the recording for comfort breaks or other reasons.
According to the notes, what is prohibited regarding attorney-client conversations in recordings?
Recording attorney-client conversations is prohibited where an expectation of privacy would reasonably exist.
What is the recommended handling of unused recording media in interrogations?
Unused recording media shall always be used for interrogations.
How should both the original and copies of recording media be protected?
Both the original and copies of all recording media shall be protected from re-recording.
What is the recommended action if an interview was recorded according to the notes?
The reporting detective’s follow-up report shall note if and how the interview was recorded.
How long should recordings be retained by the department as per the notes?
Recordings shall be retained by the department in secure storage for a period of time as defined by applicable laws and policies.
