victim confronts the subject. The subject kicks the victim. The MPs arrive at the scene. The subject
threatens the victim and the MPs that he will do more than injure them if he is arrested. The subject
could be charged for larceny of private property, aggravated assault, and simple assault. The proper
listing of offenses on DA Form 3881 would be larceny and aggravated assault. Simple assault is
considered a lesser included offense.
(3) After the last offense, insert three slashes to show the end of the offenses.
c. Comments. The comment section is used to document any events or remarks that might bear
on the case. This includes the subject orally waiving his rights and refusing to sign the form or if the
form cannot be completed immediately. Figure 3-8 shows an example of comments made by the
suspect/subject. CPT Simpson states that he understands his rights and is willing to talk about the
charges. However, CPT Simpson refuses to sign the waiver certificate.
The waiver/nonwaiver section is the last section of the Waiver Certificate. There are three ways to
complete the section based on the three choices a suspect has. These are shown in Figure 3-9.
(1) The suspect consents to the interrogation without a lawyer. The suspect signs the waiver
section first, followed by the interrogator, and finally a witness signs the section.
(2) The suspect does not wish to be questioned; or the suspect wants to talk to his lawyer
first. The suspect checks which reason(s) applies in the nonwaiver section, and signs the nonwaiver.
(3) The suspect refuses to sign the certificate, but does agree to waive his rights. You must
note that the suspect understands his rights, and does not want a lawyer. Also note that he wants to
discuss the offense(s) or make an oral statement, and refuses to sign the waive certificate. This data is
documented in the comment section, as shown in Figure 3-8.
Once the waiver certificate has been completed, you have proof as to the choice the suspect/accused
made. The DA Form 3881 must be prepared before any questions are asked of the suspect/subject. The
rights warning procedure is listed on the back of the DA Form 3881. Figure 3-10 is an example of this
section. It is divided into three sections described below.
d. The Warning. The warning is read out loud, word for word, to the suspect. This is done by
the investigator or apprehending MPs. The suspect reads the same warning to himself from Section A,
the front of the DA Form 3881.