41K-Interrogating Detainees and Arrestees 2019

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Policy & Procedure Page 1 of 11 Lexington Police Department Subject: Interrogating Detainees and Arrestees Policy Number: 41K Accreditation Standards: Reference: 1.2.3(b)(c);42.2.10 (a-f); 44.2.3 Effective Date: 3/11/13  New  Revised Revision Dates: 1/24/19 By Order of: Mark J. Corr, Chief of Police The Municipal Police Institute, Inc. (MPI) is a private, nonprofit charitable affiliate of the Massachusetts Chiefs of Police Association. MPI provides training and model policies and procedures for police agencies. This policy is an edited version of MPI Policy 1.13, “Interrogating Suspects and Arrestees.” GENERAL CONSIDERATIONS AND GUIDELINES Interrogations of persons in police custody must conform to the standards set forth in the Miranda decision as well as due process. A suspect must knowingly, intelligently and voluntarily waive his/her rights to this constitutional protection before the interrogation can begin. Critical elements to be considered before determining if Miranda applies include whether the environment is coercive and if the person being questioned is free to leave. It is important to understand that Miranda procedures only apply if both of the following situations are present: • A person is in police custody or is otherwise deprived of his/her freedom of movement in a significant manner; and • There is police questioning or its functional equivalent, including any words or actions that are reasonably likely to elicit an incriminating response. A suspect can stop any police questioning at any time by invoking his/her right to remain silent or by requesting the services of an attorney. "Spontaneous" statements made to the police before, during or after the arrest by a person in custody are admissible into evidence even though the arrested person was not warned of his/her rights, provided that such statements are voluntary and are not made in response to police questioning or other actions designed to elicit a response. It is the policy of the Lexington Police Department that:  A person in police custody shall be given their Miranda rights prior to any police interrogation; and  The due process rights of persons in custody will be respected.