All police officers are obligated to acquaint themselves with proper interrogation methods and procedures to ensure that constitutional requirements are adhered to during criminal investigations. Police officers must be cognizant of the fact that procedures used during criminal investigations will be scrutinized by the court for their validity.

It is incumbent upon each officer to stay abreast of court decisions that relate to police investigative conduct including:  informing the accused of their rights, continuous interrogation and juvenile considerations, etc.

Benchmark decisions are:

  • Miranda v. Arizona -- Inform the accused of their rights.

  • In re: Gault -- Rights of juveniles.

  • Escobedo v. Illinois -- Continuous interrogation to cease after accused requests counsel.

  • Bram v. United States -- Confession must not be extracted by implied promises.

  1. If a person is in custody, prior to questioning the person about a criminal offense, the officer must advise the suspect of their legal rights concerning self-incrimination. The below listed rights will be given orally or by use of form PM 247-86R when applicable.

    • You have the right to remain silent and refuse at any time to answer any question asked by a police officer.

    • Anything you do or say can be used against you.

    • You have the right to talk to a lawyer and to have the lawyer with you during questioning.

    • If you cannot afford a lawyer one will be appointed for you and you may remain silent until you have talked with him.

  2. Coercion, duress, promises or threats will not be used during interrogation by any police officer.

  3. No police officer will deny a suspect the right to counsel.

  4. All questioning of a suspect will terminate on their request of counsel or on their exercising their right to remain silent. The exact nature of the reason for termination will be documented in the police report.

  5. No police officer will in any manner delay the arraignment of any individual accused of a criminal offense.All persons taken into custody under probable cause have to be seen by judge within 36 to 48 hours after an arrest according to the McLaughlin Rule.

Updated February 1, 2019

Last Edited: March 7, 2019