Professional Documents
Culture Documents
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29 Jul 15
STATEMENT
(536-200-1 / 2)
I.
INTRODUCTION
Accurate and complete statements are vital to the criminal investigation and prosecution
process. The District Attorneys Office normally will not issue a complaint until
statements have been taken from victims, witnesses, and cooperative suspects.
Frequently, the only opportunity to obtain a statement in a timely manner occurs during
the preliminary investigation. Therefore, during the preliminary investigation, the
following statement-taking procedures shall be observed:
II.
POLICY
A.
Written; or
2.
B.
C.
1.
2.
2.
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3.
4.
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29 Jul 15
The reason for not taking a statement shall be documented in the offense
report. Reasons include, but are not limited to, an excepted crime, at the
direction of an investigator, supervisor or commander, subject unable due
to medical condition, unsafe conditions or a language barrier.
Statements shall not be taken by preliminary investigators from suspects in
cases involving:
a.
Homicide;
b.
Potential homicide;
c.
Forcible rape;
d.
e.
Any other case in which a CID team has been called out to handle
the preliminary and/or follow-up investigation.
In all other cases, statements should be taken when the suspect has been
admonished and has waived his/her right to refuse an interview. Suspect
statements are especially desirable when the likelihood of the suspect
being referred to an investigator is remote.
5.
6.
2.
b.
c.
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III.
7.
8.
USEFULNESS OF STATEMENTS
Statements continue to remain useful even after a case is charged:
IV.
A.
B.
For use at the trial to refresh recollection, impeach witnesses, and monitor the
testimony presented.
C.
D.
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After reading the admonition from the Statement form and prior to interviewing
or taking a statement from a person considered to be a suspect in a criminal
offense, read the question of, Do you understand each of these rights I have
explained to you?
Record the suspects answer verbatim. Ask the suspect to initial his/her
response on the line next to the question. If the person waives his/her rights under
Miranda, but refuses to initial his/her response, continue with the interview.
If the person indicates he/she understands the admonition as read and expressly or
impliedly wishes to talk, proceed with the statement. Make the notation, in the
narrative section of Probable Cause Declaration (electronic) or on the
Consolidated Arrest Report (hard copy), if in-custody. If not in-custody, make
the notation in the Offense Report.
ADMONISHED/SUSPECT WAIVED RIGHTS
If the person expressly indicates that he/she wants an attorney and no longer
wishes to talk, questioning must cease.
1.
Record the persons refusal verbatim on the Statement form and ask the
suspect to initial his/her refusal.
2.
3.
B.
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Statute requires an officer to give the Miranda warning in any case where a
juvenile is taken into temporary custody. The advisement must be given within
a reasonable time after the juvenile is taken into temporary custody.
This requirement exists even when the juvenile is not going to be interviewed. If
the minor is not going to be interviewed, the statute does not require the juvenile
to understand the warnings or any waiver of rights, but rather just the advisement.
Statements shall not be taken by preliminary investigators, at the scene, from
juveniles as specified in Part II, C, 4, a-e.
Document the advisement in the Juvenile Record or offense report.
Make the following notation and document the verbatim response in the narrative
section of the Juvenile Record and/or Offense Report:
ADMONISHED/ADVISEMENT ONLY or WAIVER NOT SOUGHT
Responses such as the following do not constitute an invocation:
I want to see (or talk to) my parents.
I want by mom here when you talk to me.
I want to see (or talk to) my probation officer.
V.
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2.
3.
Attempt to determine, based on prior usage, that the recording device has
sufficient memory/space available to complete the statement.
4.
5.
6.
For every statement, members or employees shall substantially state the following
on the recording:
1.
2.
3.
The name of the person taking the statement and the names of any other
persons present during the statement;
4.
The fact that the statement is being recorded (if a witness or victim); and
5.
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1.
Have the subject sign the statement form, if safe to do so (refer to the
Signature portion of Completion of Form below)
2.
3.
4.
5.
Recording the signing of the statement and initialing of the Admonition is not
mandatory but preferable.
D.
E.
F.
2.
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3.
Enter the name of complainant from the original offense report if the
statement is attached to an offense report. Leave blank if the
statement is attached to a Traffic Investigation Report.
Box 2
Box 3
Enter the name, sex, race, and date of birth of the person giving the
statement. Check the box indicating the category of person giving the
statement.
Box 4
Box 5
Box 6
Self explanatory
Box 7
Self explanatory
Box 8 & 9
Admonition and
Waiver Section
Citizens Arrest
Section
Write in the Defendants name, date of birth and arrest charge on the
appropriate line. Have the citizen making the arrest sign by the pre-
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Enter the name of the complainant from the original offense report.
Leave blank if the statement is attached to a Traffic Investigation
Report.
Box 2
Box 3
Enter the name, sex, race, and date of birth of the person giving the
statement. Check the appropriate box indicating the category of the
person giving the statement.
Statement Section
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