to forget what he told you the first time.
In either situation, your evaluation
will allow you to gather more facts and evidence to support your investigation.
Interrogation Procedures and Techniques
Interrogations are a little different than interviews, but generally the same
principles apply. An interview is accomplished with someone who is ready, willing,
and able to talk. An interrogation is conducted with someone who is not ready or
willing to talk.
For this reason, interrogations involve direct questioning.
Although each interrogation is unique, they basically follow the steps and
techniques that are discussed below.
Provide an Introduction. The introduction to an interrogation is similar to that
for an interview.
You give your name, position, and credentials.
When
interrogating a suspect or accused person, you next--
o
State the nature of the offense under investigation.
o
Tell the interviewee that he is
a suspect or has been accused of
that
offense.
o
Advise the suspect of his rights (under the provisions of Article 31 or the
UCMJ).
The rights warning is printed on DA Form 3881 (Rights Warning Procedure/Waiver
Certificate). The DA Form 3881 contains a section of rights for the interviewee to
read.
It also has a section for him to waive (or not waive) his rights.
The
procedures and special instructions you need to warn the suspect of his rights are
on the back.
If the suspect or accused has made incriminating statements or was
questioned concerning the crime before being advised of his rights, you must tell
him that the statements cannot be used against him.
You must also say that the
statements do not obligate him to answer further questions. A sample form is shown
in Figure 2-4.
Suppose a suspect begins to
talk before you have advised him of his rights, but
after he knows who you are.
Stop him, read him his rights, and inform him that his
previous statements cannot
be used against him.
(If the suspect makes a
spontaneous exclamation, the
statement may be used as evidence in court.)
Prepare a DA Form 3881. The DA Form 3881 contains the procedure to warn a suspect
of his rights. You need to read the rights warning word-for-word from the back of
the DA Form 3881 while the suspect reads the front.
Ensure that the suspect
acknowledges that he understands his rights.
You are then ready to fill out the
waiver certificate.
Once a waiver certificate has been completed, you then have
proof that the suspect either waived (gave up) his rights to a lawyer or to keep
silent, did not waive his rights and wants a lawyer, or does not want to talk.
2-19
MP2004
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