Constitutional Requirements

Consular Notification

• Mandatory notification for persons carrying "Republic of China" passports issued by Taiwan.
• Hong Kong SAR: Notification to Chinese officials required.
• British dependencies (Anguilla, British Virgin Islands, Bermuda, Montserrat, Turks and Caicos): Persons carry British passports.
• U.S.S.R.: Some successor states may still use these passports; notify the Successor State.

Field Interviews

• Conducted per state and federal court decisions regarding interviewee rights.
• Encouraged for gaining information on potential problems.
• Officer discretion advised using judgment and experience.
• Not for intimidation or detention without reason.
• Miranda Rights: Must be followed when questioning becomes accusatory and suspect is in custody.
• Documentation: Field interviews documented in Tiburon and via email.

Miranda Warning

• Standard Miranda Warning required during criminal interrogations.
• Document the Miranda Warning clearly.
• Ensures statements are voluntary and rights are understood.
• No coerced or involuntary confessions.

Constitutional Requirements

• Treat all interviewed persons fairly and courteously.
• Interviews: Determine facts; Interrogations: Questioning a suspect.
• Interviews can become interrogations if facts incriminate.
• End interview and begin interrogation if person is a suspect and freedom is restricted.
• Field Interviews: Benefit the department by hindering potential offenders.

Interrogation Procedures

• Advise suspects of Miranda Rights before custodial interrogation (Miranda v. Arizona, 1966).
• When in doubt, advise suspects of rights.
• Juvenile interrogation per General Order 44.2.2.
• Miranda warnings not needed for:
  • Witnesses.
  • Suspects not deprived of freedom.
  • Routine traffic stops.
  • Questions motivated by public safety.
  • No intention of questioning.

Rights Waiver

• Rights read from card or form.
• Officer must ask if subject understands waiver and receive affirmative reply.