Miranda Warnings

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FOX CITY POLICE DEPARTMENT
POLICY AND PROCEDURES

Effective Date
01-01-2008
Policy Number
Policy 9-4
Reevaluation Date
2011
No. of Pages
1
Subject
MIRANDA WARNINGS
Special Instructions:
Replaces current policy Section II, Chapter IV, dated 12-12-05

  1. PURPOSE

    The purpose of this policy is to establish guidelines for the use of Miranda warnings. This policy was developed in cooperation with the City Attorney’s Office for Fox City and the Foxmoore County District Attorney’s Office.

  2. POLICY

    It shall be the policy of this department that all sworn officers recognize the rights of individuals suspected of committing a crime by properly advising those individuals of the Miranda warnings prior to all custodial interrogations. Furthermore, we shall ensure that all custodial interrogations of adults and juveniles are electronically recorded when Miranda is required.

  3. DEFINITIONS
  4. Custodial Interrogation:
    “Questioning initiated by law enforcement officers after a suspect has been taken into custody or otherwise deprived of his freedom of action in any significant way.” Miranda v. Arizona, 384 U.S. 436, 444 (1966)

    Place of Detention:
    Any location where a law enforcement officer conducts a custodial interrogation of a juvenile

  5. PROCEDURES

    1. When to Give Miranda Warnings

      1. The Miranda warnings shall be given to any person before a custodial interrogation.
        1. Treat juveniles the same as adults for Miranda warnings. They are not entitled to have a parent/guardian present, but if they request that a parent/guardian be notified, and their request is refused, the court will view that as strong evidence of coercive police conduct.


      3. A custodial interrogation may occur anywhere. It occurs whenever a person’s freedom is restricted in any significant way, or if the person believes that he/she is in custody.

      4. When a person is arrested, it is not necessary to give the Miranda warnings immediately unless the officer intends to question immediately. If after the arrest an officer does not inform the person of the Miranda warnings, the officer should be careful not to ask any questions or otherwise induce the person to discuss the circumstances surrounding the arrest. Volunteered information is admissible.

      5. Miranda warnings do not need to be given for non-criminal violations, i.e., ordinance or non-criminal traffic violations. If it is possible the incident could lead to criminal charges, then the Miranda warning should be given.



    3. How to Give Miranda Warnings

      1. Give the Miranda warnings orally, by someone fluent in the language the person understands. Read the warning word-for-word as listed below or as printed on the Department’s Constitutional Rights form. The waiver questions on the form shall be read as written or as listed below:

        CONSTITUTIONAL RIGHTS


        You have the right to remain silent.

        Anything you say can and will be used against you in a court of law.

        You have the right to consult with a lawyer before questioning and to have a lawyer present with you during questioning.

        If you cannot afford to hire a lawyer, one will be appointed to represent you at public expense before or during any questioning, if you so wish.

        If you decide to answer questions now without a lawyer present, you have the right to stop the questioning and remain silent at any time you wish, and the right to ask for and have a lawyer at any time you wish, including during the questioning.

        WAIVER
        Do you understand each of these rights?

        Realizing that you have these rights, are you now willing to answer questions or make a statement?


      2. It is not enough to just read the Miranda warnings to the arrested person. It is also necessary that the officer take every step to assure that the person understands the warnings. Factors to take into account would include age, mental capacity, physical condition, and drug or alcohol intoxication.

      3. The officer must answer any questions the person has concerning the Miranda warnings.

      4. Stop questioning if the person requests an attorney.

      5. Never presume that the person’s silence is a waiver of his/her rights.

      6. The Department’s Constitutional Rights form is not to be signed by the person questioned. The form is to be included with the case report. Officers may use the form to make notes on while giving the warning. Such notes could include time of warning, subject’s responses, etc. All information about the Miranda warnings is to be documented in report details.

    5. Custodial Interrogations of Juveniles

      1. This section applies to all custodial interrogations of juveniles, under the age of 17, who are being questioned for any violation of a state or federal criminal law.

      2. Sections A and B of this policy apply to when to give Miranda warnings and how to give Miranda warnings. The voluntariness of a confession will be judged by balancing the personal characteristics of the juvenile against the police tactics that were used to elicit the statements.

      3. All custodial interrogations of juveniles will be electronically recorded where feasible, and without exception when the questioning occurs at a place of detention. This only applies to criminal custodial interrogations. Videotaping is the preferred method of recording the interrogation but audio taping of the interrogation is acceptable.

      4. The recording should be prefaced by announcing the date, time, location, subject’s name, officer’s name, and the case number of the incident.

      5. The tape should be marked with the date, case number, and the name of the officer performing the interview. The tape shall be placed into evidence.

    7. Re-Questioning a Person

      1. Same Day Questioning
        1. The original officer does not have to repeat the Miranda warnings.
        2. A new officer, before questioning, should first verify that the person was read the warning and waived it. The officer’s subsequent details should document that verification. The new officer does not need to restate the warning if he/she verified with the person the initial warning and waiver.


      3. Questioning One or More Days Later
        1. The officer should again read the Miranda warnings to the person.








This policy is for internal use only and does not enlarge an officer’s civil or criminal liability in any way. It should not be construed as the creation of a higher standard of safety or care in an evidentiary sense, with respect to third party claims. Violations of this policy, if proven, can only form the basis of a complaint by this department, and then only in a non-judicial administrative setting.