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41K-Interrogating Detainees and Arrestees <br /> <br /> <br />Policy & Procedure Page 3 of 11 <br />4. Whenever an officer has any doubt as to the applicability of Miranda then <br />the warnings should be given to the detainee to avoid subsequent legal <br />issues regarding admissibility of statements obtained. <br /> <br />5. If, at any time, a suspect requests to read his/her rights or to be informed <br />of his/her rights, these requests shall be granted. <br /> <br />6. Juveniles [44.2.3] <br /> <br />a. Before a juvenile from the ages of 7 and not yet 18 is questioned, <br />the Miranda warnings shall be given in the presence of the juvenile <br />and his/her parent, guardian or other interested adult. The adult <br />must acknowledge that [s]he understands the rights and the <br />juvenile must be given the opportunity to have a meaningful <br />consultation with the adult. See Department policy 44B-Handling <br />Youthful Offenders. <br /> <br />b. When the juvenile is under the age of fourteen, it is mandatory <br />that a parent or interested adult be: <br /> <br />i. Present <br />ii. Understands the Miranda warnings, and <br />iii. Has the opportunity to privately explain the rights to the <br />juvenile. <br /> <br />c. There are two situations in which the law permits a juvenile (age <br />14, 15, 16 and 17) to be lawfully subject to police custodial <br />interrogation. <br /> <br />i. The juvenile had an opportunity to consult with an <br />interested adult (Commonwealth v. A Juvenile, 389 Mass. <br />128 (1983), or <br />ii. Interrogations involving a juvenile, who has reached the <br />age of 14 without the opportunity of an interested adult <br />being present, require a demonstration of a high degree of <br />intelligence, experience, knowledge or sophistication on <br />the part of the juvenile. <br /> <br />C. Non-Miranda Situations <br /> <br />1. Spontaneous Statements <br /> <br />Officers may note and use any spontaneous and volunteered <br />statements. When a suspect or detainee voluntarily makes a statement, <br />officers do not have to prevent him/her from continuing to talk and the <br />Miranda warnings are not a prerequisite for admissibility of any such <br />statements in evidence at court until and unless custody occurs and <br />follow-up questions are presented.