NOTE:
The investigator or MP must make sure the suspect fully understands his rights.
e. The Waiver. The questions listed are asked the suspect by the investigator. Instructions are
given on the correct procedure to follow according to his answers.
For instance, you would ask:
"Do you understand your rights?"
If the suspect answers "Yes," ask him the next question:
"Do you want a lawyer at this time?"
If the suspect answers "No," special instructions are spelled out. See the middle section in
Figure 3-10.
f. Special Instructions. These instructions must be followed carefully. This is critical when the
subject's statements are used in court.
3.
In Summary.
a. Whether or not the interrogation can continue depends on how the waiver certificate was
completed. An interrogation can continue if the suspect or accused person signs the waiver, or if he
orally waives his rights but refuses to sign the waiver. If the suspect/accused is not willing to talk, and
signs the nonwaiver section, stop the interview or wait for a lawyer, depending on the circumstances.
Remember that a suspect not in custody can leave at any time and will probably do so if he does not
want to cooperate.
b. 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 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 executed, you then have proof that the suspect either
gave up his rights to a lawyer, to keep silent, or did not waive his rights (wants a lawyer and/or does not
want to talk).
c. The DA Form 3881 is attached to any sworn statement completed by the suspect/subject. In
reviewing these MP forms, it is important that all required date is recorded. Sworn statements and rights
warning certificates become permanent records of pretrial testimony. They may be used in court as
evidence attesting to what was told to the investigator.
d. As the MP operations officer, it is important that your personnel are: properly trained. MPs
must obtain and record information lawfully to allow its use as judicial, nonjudicial, or administrative
proceedings.
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MP2003
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