Policy Text
University of California, San Francisco
Police Department General Order s
5.2 Criminal Investigations: Operations
5.2.12 Constitutional Rights (Revised: 1/31/11 )
In any criminal investigation, it is important to ensure individuals’ Constitutional rights are
preserved and any statements or confessions given by a suspect are legally obtained and
permissible in a criminal proceeding.
A. Officers shall advise a suspe ct of his/her Miranda rights prior to any custodial
interrogation. Miranda rights used by the Police Department are in accordance with the
Department -issued Miranda Advisement card.
B. Officers may question persons during general, on -the-scene investigati ons of the facts
surrounding a crime. Persons questioned at this time need not be advised of their Miranda
rights, unless they are taken into custody or are otherwise deprived of or may reasonably
believe that they have been deprived of their freedom.
C. Information volunteered or spontaneous statements made by suspects in custody are
admissible as evidence and need not be preceded by warnings; however, any follow -up
questioning initiated by an officer shall be preceded by a Miranda warning.
D. Office rs must comply with the California Penal Code (PC) and case laws when a suspect
is interviewed utilizing a video or audio recording device.
E. After a suspect has been advised of his/her rights and exercises their Fifth and/or Sixth
Amendment rights, no f urther questioning shall take place. Statements made after a
suspect invokes his/her rights are not admissible in court, unless the suspect initiates the
conversation, has been re -advised of his/her Miranda rights. Officers shall have the
suspect sign the written waiver or acknowledge the waiver verbally on a video or audio
recording.
F. Suspects shall not be coerced into giving involuntary statements or confessions.