CUSTODIAL INTERROGATIONS

Transcription

1 Policy 1105 Subject CUSTODIAL INTERROGATIONS Date Published Page 1 August of 6 By Order of the Police Commissioner POLICY Constitutional Rights. It is the policy of the Baltimore Police Department (BPD) to safeguard and ensure the constitutional rights of all persons. Custodial Interrogations. All persons shall be advised of their constitutional rights prior to custodial interrogation. Whenever possible, use the Explanation and Waiver of Rights, Form 69 (Appendix A), to advise suspects of their Constitutional rights and waiver of counsel. The Notice and Waiver of Prompt Presentment, Form 107 (Appendix B), will be administered to a suspect who is entitled to an initial appearance before a judicial officer. DEFINITION Custodial Interrogation When a suspect is under formal arrest or subject to a restraint on freedom of movement to the degree associated with a formal arrest. Interrogation includes any express questioning by a law enforcement officer or any words or actions on the part of the law enforcement officer that is reasonably likely to elicit an incriminating response. REQUIRED ACTION EXPLANATION AND WAIVER OF RIGHTS, FORM 69 Member 1. Prior to conducting a custodial interrogation, verify that the suspect can read and write. 2. Complete the Explanation and Waiver of Rights, Form 69 (Appendix A), to provide a written record of the explanation of constitutional rights and a waiver of counsel for each suspect subject to custodial interrogation. NOTE: If the person in police custody requires the assistance of a foreign linguistic or sign language interpreter, contact the Communications Unit Read each sentence (numbers 1-5) aloud to the suspect Ask suspects if they understand each right and have them initial each right Read the waiver statement (in bold writing) to the suspect Ask if the suspect is willing to sign the waiver statement. Rights may be waived

2 Policy 1105 CUSTODIAL INTERROGATIONS Page 2 of 6 orally if suspect refuses to sign. Any refusal to sign or provide an oral waiver must be documented on the form Enter your name, rank, unit, and sequence number on the appropriate line Enter the Central Complaint Number on the appropriate line If needed, complete the Suspect Activity Sheet, Form 429 (Appendix C). 3. When conducting a custodial interrogation: 3.1. Consider the age, education, and mental/physical condition of the person in custody Be convinced that persons in custody fully understand their Constitutional rights Immediately stop an interview if a suspect expresses a desire to exercise his/her Constitutional rights Do not give legal advice or attempt to answer any legal questions. This does not conflict with the duty to advise persons in custody of their Constitutional rights Maintain the original forms in the case folder. NOTICE AND WAIVER OF RIGHT TO PROMPT PRESENTMENT, FORM 107 Member 1. Prior to presenting the Notice and Waiver of Right to Prompt Presentment, the member shall verify that the suspect can read and write. 2. For a suspect who is entitled to an initial appearance before a judicial officer, complete the Notice and Waiver of Right to Prompt Presentment, Form 107 (Appendix B), to provide a written record of the explanation and waiver of prompt presentment. NOTE: If the person in police custody requires the assistance of a foreign linguistic or sign language interpreter, contact the Communications Unit Read the Notice and Waiver of Right to Prompt Presentment (numbers 1-4) aloud to the suspect. (This form may be completed at the same time as the Explanation and Waiver of Rights form.) 2.2. Read the waiver statement (in bold writing) to the suspect. NOTE: Two members should be present to witness the interrogation and document if the suspect refuses to sign the Form Ask if the suspect is willing to sign the waiver statement. Rights may be waived orally if the suspect refuses to sign. Any refusal to sign or provide an oral waiver must be documented on the form.

3 Policy 1105 CUSTODIAL INTERROGATIONS Page 3 of Enter your name, rank, unit, and sequence number on the appropriate line Enter the Central Complaint Number on the appropriate line Consider the age, education, and mental/physical condition of the person in custody Be convinced that persons in custody fully understand their right to prompt presentment Immediately transport/make arrangements to transport suspects to the Baltimore Central Booking and Intake Center to see a District Court Commissioner if they exercise their right to prompt presentment Transport the suspect to the Baltimore Central Booking and Intake Center within twenty-four (24) hours after arrest unless extraordinary circumstances are present. (Documentation must account for the suspect s time in custody.) Allow sufficient time for processing at the Baltimore Central Booking and Intake Center Understand that the right to prompt presentment should not be confused with the explanation and waiver of counsel rights. However, the time a suspect spends in custody will be a heavily weighted factor in determining whether any custodial statement by the suspect is voluntary Maintain the original forms in the case folder. NOTE: All persons must be taken before a District Court Commissioner within twenty-four (24) hours of arrest unless extraordinary circumstances are present. Communications Section Assist members requesting a foreign linguistic or sign language interpreter. APPENDICES A. Explanation and Waiver of Rights, Form 69. B. Notice and Waiver of Right to Prompt Presentment, Form 107. C. Suspect Activity Sheet, Form 429. ASSOCIATED POLICIES Policy 1735, Limited English Proficient Individuals Policy 1103, Interpreter Services for Deaf and Hard of Hearing Individuals RESCISSION Remove and destroy/recycle Policy 1105, Custodial Interrogations, dated 27 March COMMUNICATION OF POLICY This policy is effective on the date listed herein. Each employee is responsible for complying with the contents of this policy.

4 Policy 1105 CUSTODIAL INTERROGATIONS Page 4 of 6 APPENDIX A Explanation and Waiver of Rights, Form 69

5 Policy 1105 CUSTODIAL INTERROGATIONS Page 5 of 6 APPENDIX B Notice and Waiver of Right to Prompt Presentment, Form 107

6 Policy 1105 CUSTODIAL INTERROGATIONS Page 6 of 6 APPENDIX C Suspect Activity Sheet, Form 429