investigator or agent must fulfill this request before beginning the
questioning.
While failure to comply with this request does not result in
exclusion of the employee's statement as evidence in a criminal trial, it will
likely result in the filing of an unfair labor practice against the military
department.
The resulting legal actions can be expensive as well as
embarrassing for the military service. This situation could result in strained
relations between the command, who is embarrassed, and CID or MPI who committed
the violation. Therefore, all investigators and agents should be sensitive to
this issue when dealing with civilian employees of the U.S. government.
PART L - SPONTANEOUS STATEMENTS
Spontaneous Statements. Miranda v. Arizona, 384 US 436 16 L.Ed.2d 694, 86 SCt
1602 (1966), itself held that "there is no requirement that police stop a
person who enters a police station and states that he wishes to confess to a
crime, or a person who calls the police to offer a confession or any other
statement he desires to make.
Volunteered statements of any kind are not
barred by the Fifth Amendment and their admissibility is not affected by our
holding today."
1. In U.S. v. Seeloff, 15 MJ 978 (ACMR, 1983), an individual entered the MP
station at 2225 hours, approached the desk sergeant and stated, "I have a
personal problem. I have to talk to somebody. I just murdered someone." The
individual appeared to be calm, and the police had no report of a violent crime
having been committed. The desk sergeant told his clerk to "see if he could
render any assistance."
The individual then made the following statement to
the clerk:
"I screwed her before I strangled her.
I never killed anyone
before. This is my first time. I shot a few before. I want to be a
mercenary. It's pretty neat. If I ever get out of prison, I want
to be a mercenary. There's no worry. She is dead. I checked her
breathing, and she turned cold and everything.
I am a platoon
sergeant if that helps any.
Did you ever want to kill anyone
before?"
Desk Clerk (Answer): "No, I didn't."
Individual (Continuing):
"You should try it. It's fun. My thumbs were getting tired and it
takes a long time, but it's all right. I'm glad I came down here.
It beats you guys coming looking for me... I'm cool and everything.
You look nervous."
Desk Clerk (Answer): "I'm not."
Individual (Continuing):
"I was thinking about being a mercenary. It wasn't so bad. I
was
holding her down with my hands. It wasn't nothing. I came to
you
guys. There is no reason why you should come and get me. I
was
going to be an arsonist. Make a few bucks. Did they find her
yet
or are they still looking for her?"
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