Policy Text
CONCORD POLICE DEPARTMENT
GENERAL ORDER
INTERVIEWS / INTERVIEW ROOMS
GENERAL ORDER: 08.04 CREATED: April 26, 2021 ISSUE DATE: April 25, 2025
CALEA STANDARD: 1.2.3, 42.2.8 EFFECTIVE DATE: April 25, 2025
ACTION: Amends general order dated October 1, 2022 .
08.04.0 PURPOSE
The purpose of this general order shall be to establish policy and procedures regarding
the handling and conducting of interviews and interrogations apply with constitutional
and legal requirements, as well as the use of locations within the Concord Police
Department headquarte rs and district offices for interviews and interrogations of victims,
witnesses and suspects.
08.04.1 POLICY
It shall be the policy of the Concord Police Department to conduct interviews that comply
with all constitutional and legal requirements while establishing safe conditions for the
various situations that officers may encounter when conducting interviews or
interrogations.
08.04.2 DEFINITIONS
A. CUSTODY
When an individual has been informed by a n officer that they are under arrest or
situations , exist where a reasonable person in the individual’s position would feel that
their freedom of action has been restricted to the same degree as a formal arrest.
B. FIELD INTERVIEW
The brief detention of an individual, whether on foot or in a vehicle, is based on
reasonable suspicion of a crime for the purpose of determining the individual’s
identity and resolving the officer’s suspicion.
C. INTERROGATION
The formal and systematic int erview of an individual to obtain valuable facts to
exonerate the innocent or identify the guilty, to gain information regarding a crime
or to obtain a confession.
D. INTERVIEW
A conversation in which facts or statements are elicited from another individual .
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E. INTERVIEW ROOM
For the purpose of this general order, any room where it is likely that an interview
may turn into a custodial or non-custodial interrogation of a person shall be construed
as an interview room.
08.04.3 FIELD INTERVIEWS
A. Field interviews may be conducted under the following circumstances :
1. The actions and demeanor of the individual suggest that he/she is engaged in
criminal activity.
2. Individual’s clothing indicate s there is a probability they may be illegally
carrying a weapon (e.g. , bulges).
3. The individual is located at the ap proximate time and place of an alleged crime.
4. The officer has knowledge of the individual's prior criminal record or
involvement in criminal activity.
B. Individuals shall only be detaine d for the length of time necessary to obtain
identification or an account of the person’s presence or conduct.
C. Individuals shall be released upon the completion of the interview unless probable
cause to arrest has been developed.
D. Individuals shall only be detained at or near the original location of the stop and not
moved to another location without the person's consent.
E. Upon the completion of a field interview, the conducting officer shall document the
interaction within the field contact module of the records management system.
F. Miranda warnings are not required during a field interview unless the individual is
placed under arrest. Further questioning shall require the reading and wavering of
Miranda.
08.04.4 CUSTODIAL INTER ROGATIO N
A. If an individual is in custody and is not free to leave, Miranda warnings shall be
administered prior to the start of an interrogation. (Miranda v. Arizona, 384 US 436)
B. ADMINISTERING MIRANDA
1. Miranda warnings shall be read by officers utilizing Concord Police Department
Form MA -1 (Advice of Rights ) to all persons subjected to a custodial
interrogation . To avoid irrepar able mistakes, officers shall not recite the Miranda
warning from memory.
2. The officer reading the Miranda warning shall ensure that the individual
understands the warning.
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3. Individuals who are in custody shall only be interrogated when it is clear that
they have waived their rights.
4. Should an officer take an individual into custody who is deaf or hard of hearing,
any interrogation shall be done in accordance with General Order 09.14 –
Interpretation Services .
C. INVOKING THE RIGHT TO SILENCE
1. After receiving a Miranda warning, the interrogation shall be terminated
immediately if the individual invokes their right to silence .
2. If the individual is not represented by an attorney, officers may re -administer a
Miranda warning after at least two hours from the time the right to silence was
invoked (Michigan v. Mosley (1975) ). If, at that time, the individual agrees to
waive their rights, the interrogation may continue.
If the individual reinitiates contact with the officer prior to the two-hour period,
officers may again give the Miranda warning. The interrogation may continue if
the individua l agrees to waive their rights.
D. INVOKING RIGHT TO COUNSEL
1. The