"no," stop the interview and have him or her read and sign the non-waiver section
of the waiver certificate.)
(d) Special Instructions:
1. When suspect/accused refuses to sign the waiver certificate: If the
suspect or accused orally waives his or her rights but refuses to sign the waiver
certificate, you may proceed with the questioning.
Make notations on the waiver
certificate to the effect that he or she has stated that he or she understands his
or her rights. Note: Write down also that he/she does not want a lawyer, wants to
discuss the offense(s) under investigation, and refuses to sign the waiver
certificate.
2. If waiver certificate cannot be completed immediately: In all cases
the waiver must be finished as soon as possible.
Every effort should be made to
complete it before any questioning begins.
If it cannot be finished at once,
completion may be postponed.
An example would be in the case of a street
interrogation. Notes should be kept on the circumstances.
3. Prior Incriminating Statements:
(a) Let us say that the suspect or accused has made spontaneous
incriminating statements before being properly advised of his or her rights. He or
she should be told that such statements do not obligate him or her to answer more
questions.
(b) If the suspect or accused was questioned as such either without
being advised of his or her rights or some question exists as to the propriety of
the first statement, the accused must be so advised.
The office of the serving
staff judge advocate should be contacted for aid in drafting the proper rights
advisal.
NOTE: If (a) or (b) applies, the fact that the suspect or accused was advised
accordingly should be noted in the comment section on the waiver. -You should then
have the suspect or accused initial your note.
(e) The above warning must be given only to persons suspected or accused of
an offense. There is no obligation to advise complainants, victims, or witnesses
of their rights, unless circumstances indicate they have committed an offense. It
is a poor investigative policy to advise persons other than suspects of their
rights; it may tend to restrict the free flow of information. However, if during
an interview the person being interviewed becomes a suspect in any criminal
offense, the investigator must stop the questioning and give the above warning.
(f) Only those persons subject to the UCMJ will be warned of their rights
under Article 31. All other persons will be warned of their rights as provided by
the Fifth and Sixth Amendments to the US Constitution.
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