Policy Text
CATEGORY DATE ADOPTED LAST REVIEW NEXT REVIEW
2 10/04/ 2010 01/01/201 9 01/01/20 20
TUSTIN POLICE DEPARTMENT
STANDARD OPERATING PROCEDURES
CP110 – Admonition and Waiver of Rights (Miranda) 1 CP110 ADMONITION AND WAIVER OF RIGHTS (MIRANDA)
CP110.1 PURPOSE AND SCOPE
This procedure establishes guidelines for admonishment of suspects prior to interrogation.
CP110.2 ACCREDI TATION STANDARDS
This procedure pertains to the following CALEA standards: 1.2.3
This procedure pertains to the following General Orders: N/A
This procedure pertains to the following Field Training Manual sections: §269, §304
CP110.2.1 DEFINITIONS
Miranda Advisement - Any person who is arrested, or who is subjected to a contact with law
enforcement which has the formal attributes of an arrest and is questioned, must first be
advised of, acknowledge his/her understanding of, and freely and voluntarily waive, his/her Fifth
Amendment right against self-incrimination, pursuant to Miranda v. Arizona (1966) 384
U.S.436 [16 L.Ed.2nd694].)
Beheler Admo nition - The Beheler admonition informs the suspect they are not in custody a nd
are free to leave. A Miranda advisement is not required when the suspect is not under formal
arrest and not significantly deprived of his/her freedom. (California v. Beheler, 463 U.S. 1121
(1983)).
CP110.2.2 MIRANDA ADVISEMENT
Officers should comp ly with the Miranda decision guidelines by giving the following four
advisemen ts before interrogation:
1. You have the right to remain silent. Do you understand?
2. Anything you say may be used against you in court. Do you understand?
3. You have the right to the presence of an attorney before and during any questioning.
Do you understand?
4. If you cannot afford an attorney, one will be appointed for you, free of charge, before
any questioning. Do you understand?
Whenever possible, officers should read the suspect his/her advisement rather than recite them
from memory. Reading the suspect his/her rights guarantees the officer will not forget anything.
Officers may read from their department issued Miranda advisement card or have the suspect
read and sign TPD form 109P (Miranda Advisemen t).
CATEGORY DATE ADOPTED LAST REVIEW NEXT REVIEW
2 10/04/ 2010 01/01/201 9 01/01/20 20
TUSTIN POLICE DEPARTMENT
STANDARD OPERATING PROCEDURES
CP110 – Admonition and Waiver of Rights (Miranda) 2
After advising the suspect of his/her rights as stated above, the officer should estab lish that the
suspect understands his/her Miranda rights and is willing to waive them. If the officer desires an
express waiver, a yes or no question sh ould be used, such as:
Do you want to talk to me now?
Taking a statement from a suspect will be admissible only if the suspect understands and
waives his/her rights. The admonition must be clearly understood and intelligently waived by
the suspect.
All questi oning must immediately cease when a suspect invokes his/her right to remain silent.
Under certain circumstances, prior to arraignment or the hiring of an attorney, officers may re-
contact the suspect to determine whether or not the suspect has changed his/her mind about
talking to the officer. If the suspect is willing to talk, he/she must be re-advised of Miranda and a
knowingly and intelligent waiver must be obtained.
If the suspect invokes the right to have an attorney present, all police initiated questioning must
cease and cannot be reinitiated on the crime charged. If the suspect remains in continuous
custod y, there can be no police initiated questioning about any crime, charged or uncharged,
unless o therwise allowed by law.
Once a waiver has been obtained, officers may question the person. However, a waiver may be
withdrawn at any time during the questioning. If a person indicated in any manner that he/she
wishes to stop talking with the officer, questioning must cease.
CP110.2.3 DOCUMENT THE ADMONITION
If the sus pect is admonished, the narrative section of the report should indicate that the suspect
was ad monished per the TPD issued Miranda card or by utilizing TPD form 109P.
Officers should attempt to obtain a verbal waiver in the presence of another officer or on audio
or video tape.
CP110.3 INVESTIGATIVE ASSISTANCE
Prior to interviewing any suspects accused in cases requiring the assistance of the TPD
Investigations Unit, employees should contact the Watch Commander and provide him/her
details surrounding the investigation. The Watch Commander will inform the officer as to who
will conduct the interview.
CP110.4 ADMONISHMENT OF JUVENILES
Section 625 W & I Code states that when a minor is taken into temporary custody under section
601 or 6 02 W & I, the minor must be advised of his/her right to remain silent.
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