PP-19 Statement of Right for Adults And Juveniles

• Salem Police Department General Order outlines guidelines for interrogating individuals in custody (including juveniles) to maintain constitutional compliance.
• The document's goal is to present evidence linking a suspect to a crime, which has historically been achieved through offender statements.

Policy

• The Salem Police Department aims to honor the rights of citizens in custody by adhering to the Fifth and Sixth Amendments of the U.S. Constitution, as well as court decisions.

Individual Rights

• Rights are specified in the U.S. Constitution.
  • The Fifth Amendment offers protection against self-incrimination.
  • The Sixth Amendment provides the right to counsel.
• The U.S. Supreme Court has limited police power to question suspects through landmark decisions.
  • Miranda v. Arizona (384 US 436 1966) mandates police cannot question a suspect in custody or with impaired freedom without ensuring they understand and waive their rights.

Procedures for Adults

• An adult in custody must receive the Miranda Warning before questioning (Patrol Form-12).
• Miranda Warnings should be read from the Statement of Rights Form to ensure completeness, and to provide evidence of rights and waivers.
• State v. Barnett (2001) requires audio-taped statements to begin immediately after the Miranda Warning in custody situations.
• Each officer must verify that the person arrested has heard and understood the warning.
• The officer can determine if the individual in custody wishes to waive his/her rights.

Procedures for Juveniles

• A juvenile in custody must receive Miranda Warnings as outlined in the “Juvenile Rights Form," under State v. Benoit (1985).
• The juvenile's parent or guardian must be notified, and permission sought to interview the juvenile, with documentation of the attempt.
• The Benoit case identified 15 factors for determining juvenile waiver validity:
  • Chronological age
  • Mental age
  • Educational level
  • Physical condition
  • Previous dealings with police/courts
  • Extent of rights explanation
  • Language of warnings
  • Interrogation methods
  • Interrogation length
  • Time in custody
  • Communication restrictions
  • Opportunity to consult an adult
  • Understanding of the offense
  • Awareness of potential transfer to adult court
  • Later repudiation of the statement
• If a juvenile is taken into custody for a crime that could lead to adult certification, they must be advised of section 8 of the Juvenile Rights Form (Patrol Form-13).
• Failure to inform the juvenile of any section of the Juvenile Rights Form creates a refutable presumption that any waiver of those rights was not made voluntarily, knowingly, and willingly.
• The suspect's age is a consideration in determining if statements were voluntary.
• Procedures for juvenile interrogations:
  • Limit interrogators to no more than two.
  • Limit police employees in the room to no more than two.
  • Limit custodial interrogation to four hours, unless a Detention Order is issued.
  • Accommodate basic needs like food, water, and bathroom facilities.
  • Minimize interrogation length if the juvenile is questioned without an attorney, parent, or guardian.
  • Explain the department's role and how the juvenile will be handled in the juvenile justice system.
  • Allow the juvenile to confer with parents or guardians upon request.

Guidelines for Giving Miranda Warnings

• Complete warnings are in Section IV (adults) and V (juveniles), with forms attached.
• Warnings must be given to all persons under arrest or in custody, regardless of age, status, familiarity, or economic status.
• Warnings must be clear and unhurried.
• Non-English speakers must receive warnings in a language they understand, with the use of interpreters if needed.
• Officers must verify the subject has heard and understood the warnings before questioning.
• Warnings must be given as soon as possible after custodial incarceration.

Voluntary Statements

• Officers may take voluntary statements, and Miranda Warnings are not prerequisites for admissibility.
• Voluntary statements are those not made in response to questioning, but of the suspect’s own free will.
• If an officer prompts the suspect, the statement is no longer voluntary.
• Miranda Warnings must be given if an officer engages a person in custody who is making a voluntary statement in a back-and-forth conversation.
• Voluntary statements may be taken before, during, and after interrogation if they are clearly spontaneous and voluntary.

Waiver of Rights

• Questioning may begin after warnings are given and the subject waives their rights under the Miranda Decision.
• Factors to be aware of:
  • Waiver cannot be inferred from silence.
  • Reasonable verbal acknowledgment of understanding and a willingness to speak is acceptable.
  • A written waiver should be taken with witnesses.
  • Refusal to sign the waiver form after oral agreement does not invalidate the statement, but a notation should be made, and the time and witnessing officers recorded on the form.
• A subject requesting an attorney cannot be questioned until the attorney is present, unless they consult counsel and choose to converse with the police, with an explicit waiver of counsel.
• If a subject changes their mind after requesting an attorney, Miranda warnings should be read again and the change of mind articulated as voluntary.
• A subject may answer some questions but refuse to answer others, and questioning need not stop unless the person desires all questions to cease.
• There is a difference between invoking the right to remain silent versus the right to counsel.
  • If a subject decides to remain silent, officers must stop questioning immediately.
  • The subject may be approached at a later time if they wish to answer further questions.
  • At least 2 hours between the invocation of the right to remain silent and the re-initiation of questioning are require, and the officer must first obtain an additional valid Miranda waiver from the subject.
• A subject must be competent to waive his/her rights. Competency is likely met when not affected by:
  • Youthful age
  • Mental condition (insanity, irrationality)
  • Drug or alcohol intake
  • Wounds, shock, or other impairment
• People with these problems are not automatically prevented from waiving rights, but officers must ensure the waiver is clearly understood.

Additional Requirements

• Miranda Warnings must be given again if a person is interrogated a second time.
• Warnings must be given at the very beginning prior to questioning, or repeated if there is a delay.
• As a general rule, give the Miranda Warning if an officer is in doubt about applicability.
• No officer shall improperly require a subject to relinquish or give up their Miranda Rights.
• Physical or verbal abuse, cajoling, or other pressure is forbidden.
• Statements or confessions should be preserved for court use beyond proof of guilt.
• Other personnel should minimize contact with interrogators and interrupt only when necessary.

Interrogation/Interview Rooms

• Interrogations should not be conducted in an area that puts the suspect in control.
• The officer must consider their safety.
• It is the officer's responsibility to notify a supervisor of the interrogation.
• The interrogation should be monitored by another officer, and they should have a portable radio in order to call for assistance if needed.
• Interviews with subjects of the opposite sex or juveniles should be monitored by or conducted with another officer or recorded.
• Interview/interrogation rooms should be near restrooms and water, and officers should consider comfort breaks for interviews over one hour.
• No more than two officers should be present in the room unless supervisor approval is received.
• Interview rooms should have a table, chairs, and easy access to forms or paperwork.

Non-Custodial/Field Interviews

• Miranda warnings are not required if suspects are not in custody.
• Custody is determined from the suspect's point of view – whether a reasonable person would understand they are not under arrest.
• Courts will closely scrutinize juvenile interviews even if non-custodial.
• Factors include the number of officers, the juvenile's age, restraints, the encounter's duration and character, and suspect familiarity.
• Non-custodial encounters can become custodial if police actions imply the suspect is no longer free to leave.
• Factors considered in determining if an encounter became custodial:
  • Degree of physical restraint
  • Access to a phone
  • Suspect's familiarity with surroundings
  • Interview location
  • How the suspect arrived (at the police station)
  • Number of officers present
  • Stop/interview duration
  • Nature and tone of questioning
  • If the questioning was accusatory
  • Show of authority
  • Whether the officers were in uniform or visibly armed
  • Whether the officers were diligent in addressing the purpose of the Terry stop, if it flowed from a Terry stop
  • Whether the police told the suspect he or she was free to leave
  • Whether the suspect was patted down
• Self-incrimination protection does not extend to physical evidence production.
• Miranda warnings are not required before field sobriety tests for DUI suspects.
• Miranda warnings are not required before any implied consent questioning or booking questions, “normally attendant to arrest”.
• Exception: This does not apply to questions by a Drug Recognition Expert (DRE) during a DRE examination on a person in custody.