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41K-Interrogating Detainees and Arrestees 2019
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41K-Interrogating Detainees and Arrestees 2019
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<br /> <br />Policy & Procedure Page 1 of 11 <br /> <br />Lexington Police <br />Department <br />Subject: Interrogating Detainees and <br /> Arrestees <br /> <br />Policy Number: <br /> 41K Accreditation Standards: <br />Reference: 1.2.3(b)(c);42.2.10 (a-f); 44.2.3 Effective Date: <br />3/11/13 <br /> New <br /> Revised <br />Revision <br />Dates: <br />1/24/19 <br /> <br />By Order of: Mark J. Corr, Chief of Police <br /> <br /> The Municipal Police Institute, Inc. (MPI) is a private, nonprofit charitable affiliate of the <br />Massachusetts Chiefs of Police Association. MPI provides training and model policies and <br />procedures for police agencies. This policy is an edited version of MPI Policy 1.13, <br />“Interrogating Suspects and Arrestees.” <br /> GENERAL CONSIDERATIONS AND GUIDELINES <br /> <br />Interrogations of persons in police custody must conform to the standards set forth in <br />the Miranda decision as well as due process. A suspect must knowingly, intelligently <br />and voluntarily waive his/her rights to this constitutional protection before the <br />interrogation can begin. <br /> <br />Critical elements to be considered before determining if Miranda applies include <br />whether the environment is coercive and if the person being questioned is free to leave. <br />It is important to understand that Miranda procedures only apply if both of the following <br />situations are present: <br /> <br />• A person is in police custody or is otherwise deprived of his/her freedom of <br />movement in a significant manner; and <br />• There is police questioning or its functional equivalent, including any words <br />or actions that are reasonably likely to elicit an incriminating response. <br /> <br />A suspect can stop any police questioning at any time by invoking his/her right to <br />remain silent or by requesting the services of an attorney. <br /> <br />"Spontaneous" statements made to the police before, during or after the arrest by a <br />person in custody are admissible into evidence even though the arrested person was <br />not warned of his/her rights, provided that such statements are voluntary and are not <br />made in response to police questioning or other actions designed to elicit a response. <br />It is the policy of the Lexington Police Department that: <br /> A person in police custody shall be given their Miranda rights prior to any <br />police interrogation; and <br /> The due process rights of persons in custody will be respected. <br />
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