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Date: 02/23/23 Revision: NEW Reviewed: NEW HILLSBOROUGH COUNTY SHERIFF’S OFFICE CHAD CHRONISTER , SHERIFF STANDARD OPERATING PROCEDURE Number: GEN 566.00 Page: 1 of 3 SUBJECT: CONSTITUTIONAL REQUIREMENTS I. PURPOSE : The purpose of this standard operating procedure is to establish guidelines concerning constitutional requirements during field interviews and criminal investigations . II. SCOPE : This procedure shall apply to all sworn Sheriff's Office personnel . III. DISCUSSION : While engaged in a criminal investigation or law enforcement action, all sworn law enforcement personnel have the responsibility to make certain that all persons are aff orded their rights and protection guaranteed by the Constitution of the United States. IV. PROCEDURE : A. Field Interviews 1. Field interviews are a means of collecting, preserving, and disseminating information about suspicious activity of individuals and vehicles. 2. Deputies making temporary stops of individuals or vehicles, for the purpose of conducting an investigative interview, may detain a person if the deputy has reasonable suspicion that the person is committing, has committed , or is about to commit a crime. The right to detain applies to both pedestrians and vehicles and may be exercised upon reasonable suspicion of any crime. 3. Reasonable suspicion is more than a hunch and must be based on articulable circumstances but is less than the probable cause necessary to effect an arrest. Reasonable suspicion, coupled with the deputy’s experience, may justify a belief that the person to be stopped has committed, is committing, or is about to commit a crime. a. Elements which may establish reasonable suspicion include, but are not limited to, the following: 1. The person fits the description of a suspect wanted for committing a crime. 2. The vehicle fits the description of a vehicle used to commit a crime. 3. The person flees at the sight of a deputy. 4. The person or vehicle is seen leaving the area of a crime. 5. The person is behaving or maneuvering a vehicle in a manner indicating criminal activity. 6. The time o f day or night. 7. The type of neig hborhood or physical surroundings. 8. The deputy’s prior knowledge of the person or their criminal record. 9. The location where the person or vehicle was observed. b. Although these elements may establish reasonable suspicion, a person’s flight and presence in a high crime area , alone, are not enough to establish a reasonable suspicion. Other elements must be present. GEN 5 66.00 02/23/23 Page 2 of 3 4. A person or vehicle stopped may be detained for a reasonable period of time. Deputies should only detain a person for the length of time necessary to obtain identification or an accounting of the person’s presence or conduct. The person should be released as soon as the interview is completed , unless probable cause to arrest develops. They may only be detained at or near the scene of the stop and not moved to another location without their consent. 5. Field Interview Street Checks shall be initiated when: a. Persons or vehicles are observed acting in a suspicious manner or are involved in suspicious circumstances. b. Persons or vehicles are observed in suspicious circumstances in high-crime areas. c. Contact is made with known criminals. B. Constitutional Requirements during Criminal Investigations 1. Sworn employees shall not perform their duties in any manner that will cause a suspect to be coerced to admit or involuntarily confess to a crime, fail to inform them of their rights agai nst self -incrimination, or deprive them of their right of counsel. a. If a person is in custody and before any interview or interrogation, they must be advised of their Warning of Constitutional Rights (Miranda Warning). The following will be read: 1. You have the right to remain silent. 2. Anything you say can and will be used against you in a court of law. 3. You have the right to consult with an attorney before you make a statement or answer any question, and the right to have an attorney present during questioning. 4. If you want an atto rney but cannot afford to hire an attorney, one will be appointed to represent you before and during questioning, free of charge. 5. You may use any of these rights at any time before or during questioning, and you may stop the interview at any time. 6. Do you understand these rights ? 7. Are you willing to answer questions or make a statement without an attorney being present? 8. Has anyone threatened you, coerced you , or promised you anything to cause you to answer questions or make a statement? b. Should the suspect state they will not answer any questions, all questioning of the suspect will cease immediately. If the suspect asks any questions regarding their rights, they must be answered immediately, simply, and in a straightforward manner before proceeding. c. Should the suspect agree to answer questions but wishes to speak with an attorney or have one present, all questioning of the suspect will cease until they confer with their attorney, their attorney is present, or until a time the suspect withdraws their request for an attorney. 02/23/23 GEN 5 66.00 Page 3 of 3 Chad Chronister Sheriff Amends or Supersedes: