o
To consult with a lawyer before answering any questions.
o
To have a lawyer present during questioning.
The portion of DA Form 3881 shown in Figure 1-7 includes requirements that stem from both Article 31 and
Miranda v. Arizona. We will examine and discuss DA Form 3881 later during this learning event.
Voluntary Waiver of Rights
When subjects choose to waive their constitutional rights, they must do so on a voluntary basis. If the waiver of
rights is found invalid in court because it was not made voluntarily, all evidence obtained from the questioning
will be inadmissible. If any of the following factors are present, a waiver or confession may be found to be
involuntary:
o
Force (Brown v. Mississippi, 297 U.S. 278 (1935)).
o
Threat of force.
Figure 1-7. DA Form 3881, Rights Warning Procedure Portion.
o
Deprivation of basic needs such as food, sleep, or the use of the latrine.
o
An order such as a commander ordering the subject to tell the truth.
o
Promises such as an offer to "make a deal."
o
Coercion.
o
Tricks such as a second officer claiming a remark or statement to be "off the record." (Some tricks are
permissible after the rights have been waived.)
MP2002
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