1.3.pdf

ST. JOHNS COUNTY SHERIFF’S OFFICE ROBERT A. HARDWICK, SHERIFF Constitutional Compliance Policy 1.3 Effective Date: 06/30/2006 Amended Date: 11/04/2022 Reviewed Date: 05/10/2023 ACCREDITATION STANDARDS CALEA: 1.2.3 CFA: FCAC: FLA-TAC: FMJS: Discussion: The St. Johns County Sheriff’s Office conducts c...

ST. JOHNS COUNTY SHERIFF’S OFFICE ROBERT A. HARDWICK, SHERIFF Constitutional Compliance Policy 1.3 Effective Date: 06/30/2006 Amended Date: 11/04/2022 Reviewed Date: 05/10/2023 ACCREDITATION STANDARDS CALEA: 1.2.3 CFA: FCAC: FLA-TAC: FMJS: Discussion: The St. Johns County Sheriff’s Office conducts criminal investigations efficiently and effectively within established uniform guidelines to be followed during the investigation of criminal offenses. DEFINITIONS Agency – Refers to St. Johns County Sheriff’s Office CONSTITUTIONAL REQUIREMENTS Interview & Interrogation [1.2.3, a, b].1 All sworn personnel of the agency will comply with the constitutional guidelines relating to admissions and confessions of defendants during interviews and interrogations..2 All subjects will be fully informed of the Miranda Warning before any interview / interrogation in which:  The questioning is likely to extract an incriminating response  Freedom of action has been quite restricted  The subject has been arrested.3 The Miranda Warning should be read, in full, to the subject from the card or the Constitutional Rights form (SJSO-018), if it applies..4 The deputy / detective, shall submit forms completed by the subject during homicide investigations as, evidence (to include but not limited to):  Original written statements  Admissions  Confessions  Constitutional rights  This does not preclude the submission of written statements, admissions, confessions, or written witness affidavits for any other major cases deemed necessary by the deputy / detective Constitutional Compliance 1.3 Page 1 of 2.5 Courts hold statements to be involuntary when the overall atmosphere appears coercive:  Unusually long periods of incommunicado interrogation  Denial of water, food, or the use of restrooms  Physical or mental abuse, or the threat thereof  Subjection to an overly fearful atmosphere Access to Counsel [1.2.3, c].6 If the subject exercises the right of counsel, the questioning will cease immediately..7 All subjects arrested for an offense must be brought before a judge for a first appearance within twenty-four (24) hours except those who:  Are issued misdemeanor citations who are given a court date.  Bond out of jail, or are released from jail before the first appearance and are given a court date..8 All employees will follow policy regarding the release of information to the news media to avoid publicity which could prejudice the defendant’s chance for a fair trial. ____________________ Robert A. Hardwick Sheriff Constitutional Compliance 1.3 Page 2 of 2