(b) Give proper warnings.
(c) Obtain waiver, if possible.
(d) Proceed with proper questioning session.
(4) The government will bear the burden of proving, in order to use the
second confession, that the "cat was back in the bag" before it was made. Similar
problems and approaches may be used when confessions have been obtained through the
use of the "fruits" of an illegal search.
Summary. If the SA is to make maximum use of the information obtained during
an interview or interrogation, it must be recorded.
The best record would be a
sound recording, and whenever possible, one should be made.
A sound recording,
though, it not always practical, possible, or useful; a written transcript is,
however. Therefore, for the SA to capitalize on the information obtained, he must
transcribe that oral testimony into written form. It is not enough that he has the
information or knows of a person's guilt.
That information must be available to
others, such as: the reviewer of CID reports is to make proper disposition in the
case; and the trial and defense counsels if they are to ensure complete justice.
The written statement, when properly received and recorded, can provide them with