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41K-Interrogating Detainees and Arrestees <br /> <br /> <br />Policy & Procedure Page 7 of 11 <br /> <br />3. Post Arraignment: Once a suspect has been arraigned, the suspect has <br />an absolute right to counsel, while in custody or otherwise. Questioning <br />in the absence of counsel cannot take place unless initiated by the <br />person to be questioned and after a waiver of the right to counsel is <br />obtained. <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />F. Setting of the Interrogation <br /> <br />1. Generally <br /> <br />a. An interrogation is a controlled process, controlled by the officer <br />conducting the interrogation. It should be conducted in a setting <br />that provides a degree of privacy as well as safety and security for <br />the officer and the suspect as well. <br />b. All rooms used for conducting interrogations including rooms <br />designated for this purpose shall be inspected for security issues <br />prior to bringing the suspect into the room and conducting the <br />interview. [42.2.10(b)] <br /> <br />2. Designated Interview Room: The designated room is located on the <br />second floor, at the end of the hallway on the right side. The doorway to <br />enter this room is between the Prosecutor’s office and the office for the <br />Family Services officer and School Resource officer. The door is labeled, <br />“INTERVIEW ROOM.” [42.2.10] <br /> <br />a. The interview room should be sparsely furnished with chairs for <br />the officer(s) and suspects, and a small table. <br />b. If a telephone is in the room, the ringer should be switched off. <br /> <br />c. Writing materials, department forms, recording equipment and <br />media will be maintained in the interview room. [42.2.10(e)] <br />d. Other items should not be left in the interview room. <br />e. Weapons must not be allowed inside of the interview room. <br />[42.2.10(a)] <br /> <br />i. Persons being interrogated should be pat-frisked for firearms <br />and other weapons prior to being admitted into the <br />interview room. <br />Commonwealth vs. McNulty, 458 Mass. 305 (2010) [Key Points] [1.2.3(c)] <br /> <br /> When a suspect is in custody & is being interviewed (or is about to be interviewed), and an attorney calls to <br />inform investigators that he or she represents the suspect & wants to speak with the suspect, police have an <br />obligation to transmit the message. The attorney should be connected immediately with someone who has <br />access to those conducting the interrogation or interview. <br /> <br />Police officers should make a record of their communication of an attorney’s message to a suspect. Where <br />the interview is being recorded, the officers’ relaying of the message and the suspect’s decision to continue or <br />terminate the interview should be captured on the tape.