SOP 307.4 Constitutional Rights Advisory

Question 1

A court decision in which the U.S. Supreme Court outlined a procedure for advising suspects of their rights guaranteed under the
Constitution prior to any custodial interrogation by law enforcement officers

Answer 1

Miranda vs. Arizona

Question 2

Miranda warnings are not required when?

Answer 2

1. During the typical traffic stop
2. If a subject approaches an officer and wishes to confess to a crime
3. During a general interview to determine if crime has been committed
4. During a stop and frisk
5. When an officer does not wish to question a suspect or arrestee

Question 3

Officers must advise a criminal suspect of his or her constitutional rights before questioning such person about a crime:

Answer 3

1. When a suspect is arrested
2. When questioning passes from the fact finding process to a point where the suspect is led to believe, as a reasonable person, that he has been deprived of his freedom of action, i.e., when the person believes he is not free to leave
3. Anytime the subject is a suspect to a D.U.I. offense
4. Prior to each custodial interrogation

Question 4

If a suspect indicates in any manner and at any time during _______, that he wishes to consult with an attorney, the interrogation will cease.

Answer 4

Custodial questioning

Question 5

Once a suspect has invoked his right to have counsel present during interrogation, officers will not attempt to interrogate the suspect
again unless:

Answer 5

The suspect himself initiates contact with police

Question 6

Whenever possible, officers should advise suspects of their Miranda Rights by use of a _______ and obtain ________. However, where this is not possible or practical, it is not essential that a written waiver be obtained.

Answer 6

1. Printed form (TPD 310)

2. The suspect’s signature on the form

Question 7

After reading the Miranda Rights to a suspect, the officer should be sure to:

Answer 7

Ask if the suspect understood his rights and

record the response in the appropriate reports

Question 8

While stating the Miranda Rights, the officer should advise the suspect as follows:

Answer 8

1. You have the right to remain silent.
2. If you give up the right to remain silent, anything you say may be used against you in court.
3. You have a right to talk to a lawyer before and during questioning. If you want a lawyer but cannot afford to hire one, a lawyer will be
   provided for you at no cost.
4. You may use any of these rights at any time during the interview and you may stop the interview at any time