Constitutional Requirements

Vocabulary flashcards related to constitutional requirements in law enforcement.

Consular Notification Form

A form used to notify an embassy or consulate of the arrest or detention of a national of their country.

Field Interviews

Interactions with the public to gain information about potential problems and determine if a person may be involved in a criminal act.

Field Interview Restrictions

Field Interviews are not to be used as a means of intimidating or detaining a person when the officer has no reason to believe that any pertinent information can be gathered as a result of the interview.

Miranda and Field Interviews

Field interviews of possible suspects must also be conducted in accordance with the Miranda decision, and when the questioning turns to an accusatory nature, and that person is in custody and no longer free to leave or otherwise deprived of their freedom, the officer must advise the suspect of their rights.

Miranda Warning

Ensures statements are given without coercion, voluntary, and the individual is aware of their rights.

Constitutional Rights

To protect the constitutional rights of persons involved in criminal investigations, officers shall not coerce or obtain involuntary confessions from persons suspected of criminal involvement.

Interviews

To discover information about a case or event that was not previously known.

Interrogations

The specific questioning of a suspect.

Interview to Interrogation

If at any time during an interview, the officer begins to consider the person being interviewed is a suspect, and they are deprived of their freedom to leave, the interview will end and the interrogation of the person will begin.

Miranda v. Arizona (1966)

Prior to interrogating a suspect, whenever he is in custody or is otherwise deprived of his freedom, an officer must first advise the suspect of his constitutional rights as required by the U.S. Supreme Court decision of Miranda v. Arizona (1966).

Questioning

Questioning or its fundamental equivalent. That any words or actions on the part of the police that the police should know are reasonably likely to elicit an incriminating response from the suspect. However, merely allowing the suspect to make statements is not questioning.

Waiver of Rights

Before a waiver of the subject's rights may be obtained, it is required that the officer ask the subject if they understand the waiver, and an affirmative reply is received.

Right to Counsel

Once a suspect has expressed a desire to exercise the right to counsel, he will not be interrogated further until counsel has been obtained or the suspect himself initiates further communication.