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Interrogating Suspects

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Source file: 1.10 Interrogating Suspects.pdf. Policy dates appear on the original cover. Page links use the PDF's page order.

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Policy & Procedures                 No. 1.10
                                   Subject:
                   Interrogating Suspects
                                   Issuing Authority:                                    Effective Date:  Review Date:
                     Chief of Police                    10/30/2012   10/15/2023
                                                                                   References:

  Review
  Revision
  Reissued
  Dates:
 2/15/2016
 11/19/18
 11/29/19
CALEA Standards
  42.2.0

             GENERAL CONSIDERATIONS AND GUIDELINES

 Interrogations of persons who are in police custody must conform to the standards set forth in the
 Miranda decision and to Due Process. Police interrogation techniques include any words or
 actions that are designed to elicit incriminating statements. 42.2.0 (2C)

  If a police interrogation does not conform to legal standards, it can result in otherwise good
 evidence being declared inadmissible in court.  If the suspect "knowingly and intelligently"
 waives his/her rights to this constitutional protection, the interrogation can begin. The critical
 elements to be considered are whether there is a coercive environment and whether the person
 being questioned is free to leave.

  It is important to understand that Miranda procedures only apply if both of the following
 situations are present:  42.2.0 (2E)

           -    A person is in police custody or is otherwise deprived of his/her freedom of
            movement in a significant manner and

           -      There is police questioning or its functional equivalent, including any words or
                actions that are reasonably likely to elicit an incriminating response.

 A suspect can stop any police questioning at any time by invoking his/her right to remain silent
 or by requesting the services of an attorney.

 The ultimate goal of a police interrogation should be to obtain the truth - not just to produce a
 confession or an admission of guilt.

                Canton Police Department’s Interrogating Suspects Policy                Page 1

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"Spontaneous" statements are statements made to the police before, during or after the arrest by a
person in custody. They are admissible in evidence even though the arrested person was not
warned of his/her rights, provided that such statements are voluntary and are not made in response
to police questioning or other actions that are reasonably likely to elicit an incriminating response.

In order to obtain results, every police investigator should recognize the objectives of an
interrogation, which should include the following:

        1.     Learning the truth;

        2.     Ascertaining the identity of criminal participants and accessories;

        3.     Obtaining an admission or a confession of guilt;

        4.     Acquiring all the facts, circumstances and method of operation of the crime under
               investigation;

        5.     Gathering information which may corroborate or disprove information obtained
            from other sources;

        6.     Eliminating suspects;

        7.     Uncovering information of any other crimes in which the suspect being
              questioned is, or has been involved;

        8.     Recovering evidence or property; and

        9.     Reporting all information obtained for subsequent court action.

                        PROCEDURES

I.    POLICY:      It is the policy of this department that: 42.2.0

      A.     Persons in custody shall be given their Miranda rights prior to any police
               interrogation; and

       B.    The Due Process rights of persons in custody will be respected.

II.    DEFINITIONS

      A. Custody: When a person is under arrest, or deprived of his/her freedom in a
            significant manner; or when they are not free to leave.
       B. Interrogation: Express questioning of a suspect about a crime or suspected crime
           as well as any words or actions on the part of the police that the officers should know
           are reasonably likely to elicit an incriminating response.

                 Canton Police Department’s Interrogating Suspects Policy

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C.  Electronic Recording: The preservation by analog (audio and/or VHS videotape) or
            digital (digital audio tape, CD and or DVD non-rewritable discs) means through the
          use of audio or audio/video recording equipment.

III.    Providing Miranda Warnings 42.2.0 (2E)

      A.     Officers shall give Miranda warnings as soon as practical whenever a person is
              placed in custody or deprived of his/her freedom in a significant manner and is
               subject to interrogation.

                1.    The Miranda warnings shall be read from a preprinted card or form in a
                       clear and unhurried manner prior to questioning.

                2.     Persons who do not speak English must be given these warnings in a
                    language that they understand.

                3.    Sample Miranda Warning Language:

                 You have the right to remain silent;

                              If you choose to speak, anything you say can be used against you in a
                      court of law;

                 You have the right to consult with an attorney before being questioned;

                 You have the right to have the lawyer present during the interrogation;
                     42.2.0 (2D) and

                              If you cannot afford a lawyer, one will be appointed for you at the expense
                        of the Commonwealth;

                 You have the right to stop answering questions at any time.

       B.    The suspect shall then be asked the following questions:

                1.    Do you understand each of these rights that have been explained to you?

                2.     Having these rights in mind, do you wish to answer questions now?

       C.     All arrested persons to be interrogated shall have the Miranda warnings read to
            them prior to questioning, whether the warnings were previously given or not.
            The suspect should then be asked to sign a waiver form acknowledging that the
             warnings were given. The officer giving the warnings shall also sign the form as
              a witness, noting the date and time the suspect was advised of his/her rights.

                    Canton Police Department’s Interrogating Suspects Policy
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D.      If there is any substantial delay between the Miranda warnings and the police
               questioning, the suspect shall be advised of these rights again before the
              questioning begins.

       E.    Whenever an officer has any doubt as to the applicability of the Miranda warnings
               in any particular case, it is advisable that these warnings be given to the suspect to
              avoid any subsequent legal barrier to the admissibility of any statements obtained.

        F.       If, at any time, a suspect requests to read his/her rights or to be informed of
               his/her rights, these requests shall be granted.

      G. JUVENILES: Before a juvenile between the ages of 7 and 18 is questioned, the
         Miranda warnings shall be given in the presence of the juvenile and his parent,
          guardian or other interested adult. The adult must acknowledge that he/she
          understands the rights given and the juvenile must be afforded the opportunity to have
          a meaningful consultation with the interested adult, before a valid waiver can be made.
         See department policy on Handling Juveniles. 42.2.0

IV.   Non-Miranda Situations

      A.    Spontaneous Statements

               Officers may note any spontaneous and volunteered statements. When a suspect
               or detainee voluntarily makes a statement, officers do not have to prevent him/her
            from continuing to talk and the Miranda warnings are not a prerequisite for
                admissibility. 42.2.0

                1.     Spontaneous and volunteered statements are statements made by a suspect
                      of his/her own free will and not made in response to police questioning.
                2.   A person who voluntarily enters a police station and makes incriminating
                     statements need not be given the Miranda warnings.
                3.     Spontaneous and volunteered statements may be taken after the suspect is
                       in custody and before, during, or after actual interrogation so long as the
                     statements are clearly voluntary.

       B.     Investigatory Stop and Frisks

              Non-custodial preliminary or investigative questioning need not be preceded by
            Miranda warnings. See department policy on Stop and Frisk and Threshold
               Inquiries 4 2 . 2 . 0

       C.    Non-Law Enforcement Questioning

             Canton Police Department’s Interrogating Suspects Policy
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Miranda does not apply to statements made in response to questioning by private
                citizens, unless the private citizen is acting on behalf of the police. For a citizen
               to constitute an agent of the police, the police must initiate the citizen’s help.
             Thus, where a fellow detainee initiates questioning about a crime in hopes of
               trading information for a lighter sentence, any statements made are admissible if
               the police neither encouraged nor sought the detainee’s assistance.

      D.     Traffic Violations or Traffic Accidents

                1.   A person need not be given Miranda warnings if [s]he has been stopped
                       for violating motor vehicle laws.

                2.    An officer’s request that a motorist perform field sobriety tests does not
                      require that Miranda warnings be given.

V.    Waiver of Rights

       A.     Valid Waivers

                1.     Statements made by an arrestee more than six hours after the arrest (safe
                     harbor period) are inadmissible unless the arrestee has been arraigned or
                    has made a valid written waiver of his/her right to be arraigned without
                    unreasonable delay. 42.2.0 (2J)

                          a.   If the arrestee is incapacitated due to a self-induced disability (such as
                          the use of drugs or alcohol) the six-hour safe harbor period does not
                        begin until the disability terminates.

                        b.  The six-hour period is also tolled when interrogation is not possible or
                      must be suspended for reasons not attributable to the police, such as a
                           natural disaster or emergency. 42.2.0 (2J)

                2.    The interrogating officers should be certain that the suspect understands
                      the rights which have been read to him/her as the burden will be on the
                     prosecution to prove that the waiver was valid.

                3.    The waiver must be made voluntarily, knowingly and intelligently to meet
                      the conditions of the Miranda decision.

                4.      In determining whether a valid waiver was made, the court examines
                    whether in light of the totality of the circumstances surrounding the
                  making of the waiver, the will of the suspect was overborne such that the
                     statement was not a free and voluntary act. The court considers the
                     circumstances of the interrogation and the individual characteristics and
                    conduct of the suspect, such as the length of time which transpired

             Canton Police Department’s Interrogating Suspects Policy
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between the giving of the Miranda warnings and the waiver, the suspect’s
              age, mental capacity and experience.

        5.    When the suspect waives his/her rights, the interrogating officers shall
              obtain a written waiver when possible. A waiver may be made orally or in
               writing, but a written and properly witnessed waiver is more likely to be
             upheld in court.

        6.     Silence on the part of the suspect does not constitute a valid waiver.

        7.    The physical and emotional condition of the person being questioned is an
              important consideration in determining the validity of a waiver. The police
             should refrain from questioning if the suspect is clearly not capable of
              understanding his/her rights.

B.    Competency

        1.    A suspect must be competent to waive his/her rights prior to police
               questioning. The question of competency is a question of fact to be
             determined by the circumstances in each case. 42.2.0

        2.    The competency issue is more likely to be raised under the following
              circumstances:

                 a.       If the suspect is distraught or very disturbed because of any mental
                      or emotional condition;

                b.       If the suspect has been wounded or is the victim of shock or other
                      physical impairment;

                 c.       If the suspect is so intoxicated or influenced by alcohol or drugs
                        that [s]he cannot think rationally or act sensibly; or

                d.       If the suspect’s intelligence level is so low, or his/her learning and
                     education are so minimal, that [s]he does not comprehend his/her
                         rights.

        3.      In all of the circumstances enumerated above, any waiver obtained will be
               carefully scrutinized by the court.

C.     Assessing Competency

        1.     After the Miranda rights have been read and after the suspect has shown
             an initial willingness to waive those rights, the police may ask the suspect
              about the following in order to properly assess the suspect's ability to
                intelligently understand and waive his/her rights:

         Canton Police Department’s Interrogating Suspects Policy               Page 6

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a.     His/her age;

                        b.    Whether [s]he is under the influence of any drugs or alcohol;

                              c.  Whether [s]he is suffering from any mental or emotional
                           problem;

                        d.      his/her education and learning;

                          e.     His/her employment;

                               f.     Whether [s]he has ever been given Miranda warnings previously;
                          and

                         g.     Whether [s]he understands the words used by the officer in reciting
                             the Miranda warnings or what they mean.

VI.    Presence of Attorney 42.2.0 (2D)

      A.      If a suspect states that [s]he wishes to consult an attorney, [s]he must not be
              questioned further by police until [s]he has had an opportunity to consult an
               attorney. However, if the suspect initiates statements or conversation, the police
          may respond to those statements or conversation.

       B.    Although a suspect has voluntarily waived his/her right to remain silent, [s]he
          may still invoke this right by refusing to answer any further questions or by
              requesting the services of an attorney, and at this point the police questioning
            must cease.

       C.      If the police are aware that the suspect is represented by an attorney, even on
               other matters, and that the attorney desires to be present with his/her client during
            any questioning, the police must inform the suspect that his/her attorney wishes to
             be present during questioning. However, once so informed, the suspect may
             waive his/her right to have his/her attorney present.

      D.   A suspect may answer some questions and refuse to answer others. The officer is
              not required to discontinue questioning unless the suspect indicates that [s]he
             wishes to remain totally silent, to stop the questioning or to consult with a lawyer.
          Comm. V. McNulty case states that “investigators are obligated to inform a
              suspect immediately of an attorney’s attempt to reach him and to immediately
               relay the attorney’s message to him, including a message advising him not to
                talk to investigators.” 42.2.0 (2K)

       E.    Once a suspect has been arraigned, [s]he has the right to counsel, whether or not
               [s]he is in custody, and [s]he shall not be questioned in the absence of counsel
              unless [s]he specifically waives his/her right.

                Canton Police Department’s Interrogating Suspects Policy               Page 7

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VII.   Documenting Statements and Confessions  1.2.3 B; 42.2.0 (2F,G,H,I)

   A.     Procedure: All officers should whenever practical electronically and visually record
            in its entirety all custodial interrogations of suspects or interrogations of suspects
          conducted in places of detention. This includes recording interviews and
           interrogations when using interpreter services, where practical (Comm v. Glenis
         A. Adonsoto). This can be accomplished by activating the in- house recording
          system – main system is located in the MIS office. Before recording an
            interrogation, the suspect shall be notified that the conversation will be audio
           and/or visually recorded. Once the suspect has been notified of this, the officer
          should while recording:

                        1.  Inform the suspect they are being recorded

                        2.  State the location, date, time of day of the interrogation as well as
                          the identities of officers, suspect or others present;

                        3.  Execute appropriate and applicable departmental forms including
                         but not limited to Miranda and waiver of prompt arraignment

                        4.  Record the time and reason for any suspension of the recording
                        (such as a break for water, food or the restroom) as well as record
                          the time when the recording proceeds

                        5.  If the officer uses or refers to documents or other items during the
                           interrogation, the officer should describe those documents or items
                     on the recording.

                        6.  Conclude the recording by stating the date and the time the
                          interrogation is completed.

   B.     Refusal:  If a suspect refuses to make a recorded statement, the officer should
           record the refusal (if possible) and documented the refusal within their written
            report.

   C.     Discretionary Decision not to Record: An officer may decide not to record an
           interrogation even where it is practical to do so if that officer believes that
           recording the interrogation will jeopardize the safety of an officer, the suspect, or
         any other person. The officer should fully document in their written report the
           reason(s) why the interrogation was not recorded.

   D.     Inoperable or Unavailable Recording Device:  If there is no recording device
           available or it is inoperable, the officer should defer the interrogation until an
          operable recording device is available.  If it is impractical to defer the
            interrogation, and the suspect consent to continuing the interrogation without a
           recording device, that consent and the interrogation should be documented in
         some manner, such as in a signed written statement by the suspect or in the
            officers written report.

                Canton Police Department’s Interrogating Suspects Policy            Page 8

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E.     Preservation and Copying of Original Recordings: The officer who conducts the
         interrogation must take steps to preserve the original recording. All recordings
        should be properly labeled and placed into evidence per departmental procedure.
        Copies should only be made by an officer authorized by the Chief of Police.

F.      Written Statements: When a written statement is provided, the suspect shall be
       asked to read, sign and date all written statements and confessions. The
        interrogating officer(s) shall sign and date all written statements and confessions.
      The interrogating officer shall prepare and submit a report in accordance with
        departmental procedures which shall include the above information and any
        written or recorded statements.  42.2.0

              Canton Police Department’s Interrogating Suspects Policy            Page 9

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