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41K-Interrogating Detainees and Arrestees <br /> <br /> <br />Policy & Procedure Page 8 of 11 <br />ii. Police firearms should be secured in a designated firearm <br />locker outside of the room. [42.2.10(b)] <br /> <br />3. Personnel: Both uniformed and non-uniformed officers will adhere to the <br />entirety of this policy. [42.2.10] <br /> <br />a. Usually, no more than two officers should be present during an <br />interrogation. [42.2.10(c)] <br />b. Live audio and video capability is available for other officers to <br />observe an interrogation even if it is not recorded. <br />c. Interrogations should never be conducted by a single officer without <br />a back-up officer readily available in the event that the interviewing <br />officer needs help. <br /> <br />4. Means of Summonsing Assistance [42.2.10(d)] <br /> <br />a. If two officers are conducting an interrogation, no other backup <br />officers are required. Depending on the suspect, additional <br />backup officer(s) may be advisable. <br />b. A backup officer shall be located in the immediate vicinity of the <br />interrogation, within audible distance, for the duration of the <br />interrogation, in the event that the interviewing officer(s) summons <br />assistance. <br />c. Live audio and video is available for other officers to observe an <br />interrogation for the safety of the officer(s) conducting the <br />interrogation.xvi <br />d. Police radios may be used to summons assistance in certain areas <br />of the building. <br /> <br />5. Breaks: If an interview or interrogation is of long duration, officer(s) must <br />make arrangements for access to restrooms, water, and provide for other <br />comfort issues while continuing to provide for the security and safety of <br />all parties involved. [42.2.10(f)] <br /> <br />G. Documenting Statements and Confessions <br /> <br />1. Recording Requirements <br /> <br />a. In Commonwealth v. DiGiambattista, 442 Mass. 423 (2004), the <br />Supreme Judicial Court has expressed a preference that <br />interrogations conducted in a custodial setting be recorded <br />whenever practicable. <br />b. In the absence of recording the court will issue jury instructions <br />that jurors “should weigh evidence of the defendant’s alleged <br />statement with great caution and care.” <br />c. This jury instruction is required regardless of the reason that the <br />police did not record the interrogation. Failure to record may <br />create an unnecessary burden for the prosecution.