Boca Raton Police Services Departmental Standards Directive 42.250 PDF

BOCA RATON POLICE SERVICES DEPARTMENT Departmental Standards Directive 42.250 CONSTITUTIONAL RIGHTS AND ASSURANCES DURING INVESTIGATIONS Revised: June 11, 2020 I. PURPOSE: The purpose of this departmental standards directive is to provide guidelines to employees concerning the debriefing of detai...

BOCA RATON POLICE SERVICES DEPARTMENT Departmental Standards Directive 42.250 CONSTITUTIONAL RIGHTS AND ASSURANCES DURING INVESTIGATIONS Revised: June 11, 2020 I. PURPOSE: The purpose of this departmental standards directive is to provide guidelines to employees concerning the debriefing of detainees and to ensure that no one violates the constitutional rights of detained persons. II. POLICY: Citizens subjected to interview will be afforded all rights and privileges guaranteed by the US Constitution, the Florida Constitution and state and federal statutes. III. PROCEDURE: A. CONSTITUTIONAL AND STATUTORY RIGHTS: 1. Every person who is in custody and is to be questioned about a crime or related crimes must be advised of their constitutional rights as set forth in the Department’s Constitutional Warnings card and in accordance with controlling court decisions and guidance of the State Attorney’s Office. 15.06 2. Additionally, when a person is being questioned in a non-public area, whether or not they are in custody, and an attorney retained on his or her behalf arrives at the location, the individual will be notified of the attorney’s presence and purpose. 3. Upon the request of an individual diagnosed with autism or an autism spectrum disorder or his or her parent or guardian, law enforcement officers (LEOs) shall make a good faith effort to ensure that a psychiatrist, psychologist, mental health counselor, special education instructor, clinical social worker, or related professional is present at all interviews of the individual. 15.18 a. The professional must have experience treating, teaching, or assisting patients or clients who have been diagnosed with autism or an autism spectrum disorder or related developmental disability or must be certified in special education with a concentration focused on persons with autism or an autism spectrum disorder. b. All expenses related to the attendance of the professional at interviews shall be borne by the requesting parent, guardian, or individual. Effective: July 1, 2016 Revised: June 11, 2020 Constitutional Rights and Assurances During Investigations Directive No. 42.250 Page 1 of 3 c. LEOs shall receive initial and periodic training on the identification of autistic individuals and proper interview procedures. 4. The Department also provides forms for this purpose, in English and Spanish, in the arrest package for the detainee’s signature, which shall be properly witnessed. 15.06 5. LEOs should seek an interpreter for other languages as well as seek additional assistance, utilizing internal or external resources for detainees that are audio or visual impaired or mentally challenged. 15.06 6. LEOs are encouraged in all cases to audio or video record the advisement of rights and subsequent statements, where appropriate or so directed. 15.06 B. DETAINEE DEBRIEFING: 1. After an LEO has read the detainee his/her constitutional rights, the LEO should debrief the detainee as a tool to develop information and informants. 2. If positive responses are elicited, LEOs are encouraged to probe for as much information as possible, attach the Officer Investigative Report, and forward the documents to the Investigative Services Bureau. 3. No contact by Department personnel should be made with the detainee without the knowledge of the arresting LEO. 4. Refer to Departmental Standards Directive 43.105 Confidential Informants and Files concerning confidential informants if the detainee is subsequently so used. C. JUVENILE RIGHTS: 1. A child is entitled to representation by legal counsel at all stages of any proceedings under the Florida Juvenile Justice Act (FSS Chapter 985). See Departmental Standards Directive 44.100 Juvenile Arrest, Release, and Referral Procedures and Parental Notification. 2. A child's legal rights to due process and constitutional protection under Miranda are substantially the same as an adult detainee. 15.06 3. Although no absolute legal right has been established that permits a parent or guardian to be present during interviews, it has been viewed in some judicial proceedings that a child's request for a parent could be the equivalent of requesting legal counsel. 4. LEOs should view the total circumstances, use good judgment, and seek supervisory advice when deciding on the presence of parents during investigative interviews. 5. Before any investigative interview in which a child is a likely suspect, LEOs shall give his/her constitutional warnings in accordance with the Miranda decision. 15.06 Effective: July 1, 2016 Revised: June 11, 2020 Constitutional Rights and Assurances During Investigations Directive No. 42.250 Page 2 of 3 6. The parent/guardian cannot make the decision for the juvenile to invoke or waive his/her rights. 7. While conducting an interview of a juvenile, dependent on the offense, LEOs shall attempt to limit the interview to the least amount of time needed to complete the interview. 15.06 8. LEOs should limit the number of officers engaging in the interview to those persons necessary to complete the interview. 15.06 Approved: Michele Miuccio Chief of Police Effective: July 1, 2016 Revised: June 11, 2020 Date: Constitutional Rights and Assurances During Investigations Directive No. 42.250 Page 3 of 3