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41K-Interrogating Detainees and Arrestees <br /> <br /> <br />Policy & Procedure Page 4 of 11 <br /> <br />a. Spontaneous and volunteered statements are statements made by a <br />suspect of his/her own free will and not made in response to police <br />questioning. <br />b. A person who voluntarily enters a police station and makes <br />incriminating statements need not be given the Miranda warnings.iii <br />c. Spontaneous and volunteered statements may be taken after the <br />suspect is in custody and before, during, or after actual interrogation <br />so long as the statements are clearly voluntary. <br /> <br />2. Investigatory Stop and Frisks: <br /> <br /> Non-custodial preliminary or investigative questioning need not be <br />preceded by Miranda warnings.iv See Department policy 41L - Stop and <br />Frisk and Threshold Inquiries. <br /> <br />3. Non-Law Enforcement Questioning <br /> <br />Miranda does not apply to statements made in response to questioning <br />by private citizens, unless the private citizen is acting on behalf of the <br />police. For a citizen to constitute an agent of the police, the police must <br />request or encourage the citizen’s help.v Thus, where a fellow detainee <br />initiates questioning about a crime in hopes of trading information for a <br />lighter sentence, any statements made are admissible if the police <br />neither encouraged nor sought the detainee’s assistance.vi <br /> <br />4. Traffic Violations or Traffic Collisions <br /> <br />a. A person need not be given Miranda warnings if [s]he has been <br />stopped for violating civil motor vehicle infractions.vii <br />b. An officer’s request that a motorist perform field sobriety tests does <br />not require that Miranda warnings be given.viii <br /> <br />D. Waiver of Rights <br /> <br />1. Valid Waivers/Safe Harbor Rule <br /> <br />a. Statements made by an arrestee more than six hours after the arrest <br />(safe harbor period) are inadmissible unless the arrestee has been <br />arraigned or has made a valid written waiver of his/her right to be <br />arraigned without unreasonable delay.ix <br /> <br />i. If the arrestee is incapacitated due to a self-induced disability <br />(such as the use of drugs or alcohol) the six-hour safe <br />harbor period does not begin until the disability terminates.x <br />ii. The six-hour period is also tolled (i.e., suspended or <br />extended) when interrogation is not possible or must be