PART C - PREPARE AND REVIEW A RIGHTS WARNING PROCEDURE/WAIVER
CERTIFICATE
1.
General.
a. When an accused person or suspect is questioned, or when a witness becomes a suspect, a
Rights Warning Procedure/Waiver Certificate must be prepared. Every Sworn Statement, DA Form
2823, for an accused or suspected person must be accompanied by a DA Form 3881. This form
provides positive proof that a subject or suspect has been advised of his legal rights. It also proves
whether or not he waives those rights. DA Form 3881 includes the Rights Warning Procedure and the
Waiver Certificate (see Figure 3-8).
b. The rights warning is printed on DA Form 3881, Rights Warning Procedure/Warning
Certificate. The DA Form 3881 contains a section for the interviewee to read. It also has a section for
him to waive (or not waive) his rights. The procedures and special instructions needed to warn the
suspect of his rights are on the back. The suspect/accused may have made incriminating statements or
was questioned concerning the crime before being advised of his rights. You must tell him the statement
cannot be used against him. Those statements do not obligate him to answer further questions.
2.
Completing the Form.
a. Heading. This section is similar in its content to the sworn statement, DA Form 2823. In the
Rights Warning Procedure/Waive Certificate, you will fill in the location where the rights are read, the
date the rights are read, and the MPR number. The suspect should enter the time and initial it. Data on
the suspect/accused is filled in the appropriate blocks. The grade/status block indicate rank, not pay
grade (for example, PV2 and not E2).
b. Rights Section. The interviewer fills in the lines in Section A, initiation of DA Form 3881
begins when you state your official position and that the person being interviewed is now suspected or
accused of a particular offense. Two entries are made in Section A, the Rights Section. The first states
the official position and office you represent. For example, it may state "Provost Marshal's Office as an
MP investigator." Or it may state "Criminal Investigation Commander as a special agent."
(1) The second entry cites the offense the person is suspected of at the time of questioning.
Phrases like "Larceny of a wallet from SPC Johnson," or "writing bad checks" are used. It is not needed
or desired that the UCMJ article be entered. Several related offenses may occur in one incident. Only
the most serious offense is listed. For example, advisement for attempted murder may be more proper
than aggravated assault in a case where an assault rendered great bodily harm. Aggravated assault is
understood to be the lesser included offense. Note that the term "lesser included offense" refers to any
offense not listed. You may want to consult the local staff judge advocate (SJA) on the proper offense
to cite.
(2) There may be more than one unrelated offense. List the most serious offenses. For
instance, a subject is caught stealing a wallet. The
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