CUSTODIAL INTERROGATIONS

Similar documents
BALTIMORE CITY SCHOOLS Baltimore School Police Force MIRANDA WARNINGS

Subject CRIMINAL RECORDS EXPUNGEMENT. 13 September By Order of the Police Commissioner

ADULT BOOKING PROCEDURES

BERKELEY POLICE DEPARTMENT. DATE ISSUED: February 28, 2005 GENERAL ORDER I-18 PURPOSE

DOMESTIC VIOLENCE. DRAFT 20 March By Order of the Police Commissioner

SUBJECT: Sample Interview & Interrogation Policy

Subject CRIMINAL AND CIVIL CITATION PROCEDURES. DRAFT 7 April By Order of the Police Commissioner

CITIZEN OBSERVATION/RECORDING OF OFFICERS

Subject DOMESTIC VIOLENCE. 1 July By Order of the Police Commissioner

Subject MARIJUANA: UNIFORM CIVIL CITATION. 1 July By Order of the Police Commissioner

Subject COURT/ADMINISTRATIVE HEARING PROCEDURES. 20 September By Order of the Police Commissioner

Contemporary Issues in Criminal Investigation and Prosecution Working Group EYEWITNESS IDENTIFICATION Model Policy February 2016

Subject OFFENSE CLEARANCE PROCEDURE. 21 September By Order of the Police Commissioner

Miranda Procedure Checklist. Requirements for a valid waiver of Miranda rights were described in Colorado v. Spring, 479 U.S.

Number August 31, 2017 IMMEDIATE POLICY CHANGE GJ-14, VICTIMS BILL OF RIGHTS DO-1, INTAKE PROCESS

ROLE AND AUTHORITY WRITTEN DIRECTIVE: 1.10 EFFECTIVE DATE: REVISION DATE: SUPERSEDES EDITION DATED:

THE STATE OF NEW HAMPSHIRE SUPREME COURT OF NEW HAMPSHIRE ORDER

Subject CIVILIAN REVIEW BOARD COMPLAINT PROCEDURES. 3 March By Order of the Police Commissioner

Washington City Justice Court Washington County, State of Utah 111 North 100 East, Washington UT Judge Thad D.

Local Rules Governing Juvenile Delinquency and Undisciplined Proceedings In The 26 th Judicial District. November 2011

Understanding your rights in police custody. The European Union s model of Letters of Rights

Chapter 11: Rights in Juvenile Proceedings

Subject DEATH AND SERIOUS ASSAULT INVESTIGATIONS. 13 September By Order of the Police Commissioner

STATE OF NORTH CAROLINA v. CRYSTAL STROBEL NO. COA Filed: 18 May 2004

Chief of Police: Review Date: July 1

Subject FIELD INTERVIEWS, INVESTIGATIVE STOPS/DETENTIONS, WEAPONS PAT-DOWNS & SEARCHES. DRAFT 7 April By Order of the Police Commissioner

Subject ARSON INVESTIGATIONS. 1 July By Order of the Police Commissioner

Equality of arms procedural safeguards for defendants: the way through and forward on the EU map

Page Page Page Page V. VI. VII.

National Police Board INSTRUCTION 1 (10)

2012 CO 55 No. 12SA101, People v. Pittman, Miranda suppression custodial interrogation totality of the circumstances

Defining & Interpreting Custodial Interrogation. Alexander Lindvall 2013 Adviser: K.M. Waggoner, Ph.D., J.D. Iowa State University

Jackson County Prosecutor s Office Conviction Review Unit

SOP: Informed Consent Process for Research

EYEWITNESS IDENTIFICATION PROCEDURES

ELECTRONIC RECORDING OF CUSTODIAL INTERROGATION PROCEDURES

Miranda Rights. Interrogations and Confessions

3:00 A.M. THE MAGISTRATE THE JUVENILE THE STATEMENT KEEPING IT LEGAL

Subject DEPARTMENTAL AWARDS AND COMMENDATION. 4 April By Order of the Police Commissioner

BILL AS INTRODUCED AND PASSED BY SENATE AND HOUSE S Page 1 of 11. Subject: Crimes; innocence protection; eyewitness identification

Court of Common Pleas

Stakeholder discussion paper on a Letter of Rights for Scotland

MILWAUKEE POLICE DEPARTMENT

MEMORANDUM OF AGREEMENT BETWEEN THE COLONIAL SCHOOL DISTRICT BOARD OF EDUCATION AND THE DELAWARE STATE POLICE DEPARTMENT

INTRADEPARTMENTAL CORRESPONDENCE. The Honorable Board of Police Commissioners

California Bar Examination

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM v. Case No. 5D

Section I Initial Session Through Arraignment PROCEDURAL GUIDE FOR ARTICLE 39(a) SESSION

Criminal Justice 100

Recording Interrogations: Best Practice in Massachusetts

Court of Appeals of Ohio

Say What?! A Review of Recent U.S. Supreme Court 5 th Amendment Self-incrimination Case Law

Rules and Procedures. Rule 318 May 26, Rule PRISONERS

STATE OF MICHIGAN COURT OF APPEALS

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM v. CASE NO. 5D

LOCAL RULES OF THE DISTRICT COURT. [Adapted from the Local Rules for the U.S. District Court for the Southern District of Indiana]

IN THE COURT OF COMMON PLEAS OF LYCOMING COUNTY, PENNSYLVANIA

Return form to: THE FLORIDA BAR Fee Arbitration Program 651 East Jefferson Street Tallahassee, FL

EXECUTIVE COMPENSATION COMMITTEE CHARTER

Lawyer of the First Hour under the Swiss Criminal Procedure Code

Lubbock District and County Courts Indigent Defense Plan. Preamble

A digest of twenty one (21) significant US Supreme Court decisions interpreting Miranda

v. Record No OPINION BY JUSTICE BARBARA MILANO KEENAN Record No June 9, 2005

CITRUS COMMUNITY COLLEGE DISTRICT STUDENT SERVICES

Act on the Amendments to the Act on Judicial Cooperation in Criminal Matters with Member States of the European Union

FORMAL MEMORANDUM DECISION-MAKING PROCESS

CHAPTER Council Substitute for House Bill No. 1543

NEW MEXICO BOARD OF LEGAL SPECIALIZATION AN AGENCY OF THE SUPREME COURT OF NEW MEXICO STANDARDS FOR LEGAL SPECIALIZATION IMMIGRATION LAW

Guidance on Waiver or Alteration of Informed Consent

SUPREME COURT OF THE UNITED STATES

COURT OF APPEALS OF NEW YORK

*P.G , P.G AND P.G

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

IN THE COURT OF APPEALS FOR THE STATE OF MISSISSIPPI CAUSE NO KA COA STATE OF MISSISSIPPI

Stakeholder discussion paper on a Letter of Rights for Scotland

DEPOSITIONS UPON ORAL EXAMINATION. Notice; Method of Taking; Production at Deposition.

Young offender confessions: right versus required. R. v. S.S. (2007) Ont. C.A. 1. By Gino Arcaro B.Sc., M.Ed

[Whether A Defendant Has A Right To Counsel At An Initial Appearance, Under Maryland Rule

DUTIES OF A MAGISTRATE. Presented by: Judge Suzan Thompson Justice of the Peace, Precinct #2 Matagorda County, Texas

CLASS 1 READING & BRIEFING. Matthew L.M. Fletcher Monday August 20, :00 to 11:30 am

MEMORANDUM OPINION WILLOCKS, HAROLD W. L., Judge of the Superior Court.

Case 1:08-cr SLR Document 24 Filed 07/14/2008 Page 1 of 11 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

LESSON PLAN FOR CONDUCTING A UNIT OF INSTRUCTION IN MIRANDA v. ARIZONA YOU HAVE THE RIGHT TO REMAIN SILENT

COMPLAINTS, GRIEVANCES AND APPEALS PROCEDURES

JUVENILE MATTERS Attorney General Executive Directive Concerning the Handling of Juvenile Matters by Police and Prosecutors

Title 15: COURT PROCEDURE -- CRIMINAL

No. 05SA251, People v. Wood Miranda Interrogation - Due Process Right to Counsel Voluntariness

GENERAL ORDER PORT WASHINGTON POLICE DEPARTMENT

ASHEVILLE POLICE DEPARTMENT POLICY MANUAL

FAMILY COURT LOCAL RULES DELINQUENT AND UNDISCIPLINED JUVENILES JUVENILE COURT 28 TH JUDICIAL DISTRICT TABLE OF CONTENTS

Part 1 Rules for the Continued Delivery of Services in Non- Capital Criminal and Non-Criminal Cases at the Trial Level

Third District Court of Appeal State of Florida, January Term, A.D. 2008

Signature: Signed by GNT Date Signed: 12/10/13

DEPARTMENTAL GENERAL ORDER. Rev. 29 Sep 97. Index as: Lineups Prisoner Lineups Show-Ups, Prisoner M-6 PRISONER LINEUPS

LOCAL RULES SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE DIVISION 8 CRIMINAL

Consolidated Arbitration Rules

I. PURPOSE DEFINITIONS RESPECT FOR CONSTITUTIONAL RIGHTS. Page 1 of 8

<Text of section added effective July 18, 2005>

ALABAMA PUBLIC SERVICE COMMISSION ADMINISTRATIVE CODE CHAPTER 770-X-7 GAS PIPELINE SAFETY RULES TABLE OF CONTENTS

RULES GOVERNING THE COURTS OF THE STATE OF NEW JERSEY RULE 5:21. CUSTODY, PRETRIAL DETENTION

Transcription:

Policy 1105 Subject CUSTODIAL INTERROGATIONS Date Published Page 1 August 2016 1 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. 2.1. Read each sentence (numbers 1-5) aloud to the suspect. 2.2. Ask suspects if they understand each right and have them initial each right. 2.3. Read the waiver statement (in bold writing) to the suspect. 2.4. Ask if the suspect is willing to sign the waiver statement. Rights may be waived

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. 2.5. Enter your name, rank, unit, and sequence number on the appropriate line. 2.6. Enter the Central Complaint Number on the appropriate line. 2.7. 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. 3.2. Be convinced that persons in custody fully understand their Constitutional rights. 3.3. Immediately stop an interview if a suspect expresses a desire to exercise his/her Constitutional rights. 3.4. 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. 3.5. 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. 2.1. 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 107. 2.3. 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.

Policy 1105 CUSTODIAL INTERROGATIONS Page 3 of 6 2.4. Enter your name, rank, unit, and sequence number on the appropriate line. 2.5. Enter the Central Complaint Number on the appropriate line. 2.6. Consider the age, education, and mental/physical condition of the person in custody. 2.7. Be convinced that persons in custody fully understand their right to prompt presentment. 2.8. 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. 2.9. 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. 2.10. 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. 2.11. 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 2015. COMMUNICATION OF POLICY This policy is effective on the date listed herein. Each employee is responsible for complying with the contents of this policy.

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

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

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