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41K-Interrogating Detainees and Arrestees <br /> <br /> <br />Policy & Procedure Page 6 of 11 <br />c. In any of the circumstances enumerated above, the court will carefully <br />scrutinize any waiver obtained. <br /> <br />3. Assessing Competency Prior to Interrogation <br /> <br />After Miranda Rights have been administered and after the suspect has <br />shown an initial willingness to waive those rights, the police may ask the <br />suspect about the following in order to properly assess the suspect's <br />ability to intelligently understand and waive his/her rights: <br /> <br />a. The detainees age; <br />b. If under the influence of any drugs or alcohol; <br />c. Is suffering from any mental or emotional problem; <br />d. His/her education and learning; <br />e. His/her employment; <br />f. Whether [s]he has ever been given Miranda warnings previously; and <br />g. Understands the words used by the officer in reciting the Miranda <br />warnings and what they mean. <br /> <br />E. Access to Counsel [1.2.3(c)] <br /> <br />1. Request for Counsel <br /> <br />a. If a detainee requests consultation with an attorney: <br /> <br />i. Questioning by police must stop until there has been an <br />opportunity to consult an attorney. <br />ii. If the suspect initiates statements or conversation, the police <br />may respond to those statements or conversation, but <br />should refrain from asking additional questions. <br /> <br />b. If a detainee has voluntarily waived his/her right to remain silent, [s]he <br />may still invoke this right at any time by refusing to answer questions <br />or by requesting an attorney. If this happens police questioning must <br />cease. <br />c. A detainee may answer some questions and refuse to answer others. <br />The officer is not required to discontinue questioning unless the <br />suspect indicates that [s]he wishes to invoke their right to remain <br />silent or to stop questioning or consult with a lawyer. <br /> <br />2. Representation by Counsel <br /> <br />a. If the police are aware that the suspect is represented by an attorney, <br />even on other matters, and that the attorney desires to be present <br />with his/her client during any questioning, the police must inform the <br />suspect that his/her attorney wishes to be present during questioning. <br />b. Once so informed, the suspect may waive his/her right to have his/her <br />attorney present.