(17) I do not want to give up my rights:
________ I want a lawyer.
________ I do not want to be questioned or say anything.
(18) Signature of Interviewee: Have the suspect/accused sign here. NOTE: Remember that the
suspect/accused signs either the waiver or non-waiver portion of the form, not both!)
SECTION B (See Figure 1-23)
(19) The Warning: This section will be read verbatim to the interviewee. The suspect/accused
must fully understand his/her rights.
(20) The Waiver: Obtaining a waiver may depend largely on your attitude and your treatment of
the suspect/accused. Always remember:
(a)
Make no effort to influence the suspect/accused to alter their desire not to be
interviewed.
(b) Give the accused or suspect the location and telephone number of the nearest SJA
office if they state they wish the services of a lawyer.
(c) Use great care to avoid saying anything which can be used by the defense lawyer to
imply that you threatened, tricked, or otherwise influenced the suspect/accused into waiving their rights.
You cannot tell the suspect/accused they would be better off without a lawyer, or all that you want is the
truth and that it isn't necessary to consult with a lawyer for that. Never say anything to suggest what
you think the suspect/accused should do.
(d) Immediately terminate questioning a suspect/accused once a request is made to
speak with a lawyer.
(21) Special instructions can be helpful in showing some things that happen on an investigation.
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MP1008
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