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41K-Interrogating Detainees and Arrestees <br /> <br /> <br />Policy & Procedure Page 2 of 11 <br />PROCEDURES <br /> <br />A. Definitions <br /> <br />1. Custody: When a person is under arrest, or deprived of his/her freedom <br />in a significant manner.i (The terms arrestee and detainee may be <br />used). <br /> <br />2. Interrogation: Express questioning of a suspect about a crime or <br />suspected crime as well as any words or actions on the part of the police <br />that the officers should know are reasonably likely to elicit an <br />incriminating response.ii <br /> <br />B. Providing Miranda Warnings [1.2.3(b)] <br /> <br />1. If officers wish to interview or interrogate a person who is in custody or <br />deprived of his/her freedom in a significant way, officers are obligated to <br />give Miranda warnings prior to such interrogation. <br /> <br />a. The Miranda warnings shall be read from a preprinted card or form <br />in a clear and unhurried manner prior to questioning. <br />b. Persons who do not speak English must be given these warnings <br />in a language that they understand. <br />c. Sample Miranda Warning Language: <br /> <br /> You have the right to remain silent; <br /> If you choose to speak, anything you say may be used <br />against you in a court of law or other proceeding; <br /> You have the right to consult with a lawyer before <br />answering any questions and you may have him present <br />with you during questioning; <br /> If you cannot afford a lawyer and you want one, a lawyer <br />will be provided for you by the Commonwealth without <br />cost to you; <br />• Do you understand what I have told you? <br />• You may also waive the right to counsel and your right to <br />remain silent and you may answer any question or make <br />any statement you wish. If you decide to answer <br />questions, you may stop at any time to consult with a <br />lawyer. <br /> <br />2. Detainees undergoing the booking process shall be given Miranda <br />warnings during the booking procedure, even if they were previously <br />provided. <br />3. If there is any substantial delay between the Miranda warnings and the <br />police questioning, the suspect shall be advised of these rights again <br />before the questioning begins. <br />