o
An interrogation cannot continue if the subject does not wish to be questioned or wants a lawyer. (See
Figure 1-12.) The subject must check which reason applies in the nonwaiver section and sign his or her
name. Remember that a suspect not in custody can leave any time if he or she does not want to
cooperate.
Figure 1-12. Refusal to Waive Rights.
Effects of Violation
Constitutional laws that control police conduct have provoked much debate. It may sometimes seem that the rules
related to police interrogation and the taking of admissions and confessions are difficult to deal with. Sometimes
police officials choose to ignore these rules. At other times, police officials try to get around the rules that control
police conduct. It is imperative that you remember that these rules are the law. You and the MP you supervise
must comply completely with the letter and spirit of the law. If the laws of police conduct are not followed, there
may be serious results. The effects of rights violations are--
o
Inadmissibility of evidence.
o
Necessity of issuing curative warnings. Curative warnings are procedural steps that may help to
overcome the violation of a subject's rights.
Inadmissibility
A subject of a police investigation has rights to appropriate warnings, a lawyer, and fundamental fairness. If any
of these rights are violated, the court will apply two rules we have already learned about in Part A. The rules the
court will apply are the--
MP2002
1-38
Previous Page
