STANDARD OPERATING PROCEDURE

ISSUED__________ EFFECTIVE___________

S.O.P. 8-3 CONFESSIONS AND INTERROGATIONS

INTRODUCTION

To many authorities interrogation is the most important part of an arrest/investigation since it offers the possibility of determining, by the statement of the suspects themselves, whether they committed a particular crime. The techniques to be utilized to interrogate suspects are outside the scope of this S.O.P. The purpose of these procedures is to ensure that confessions are obtained voluntarily. This will allow such statements to be used at trial. Any involuntary statement, regardless of whether it is true or false, is non-admissible in court.

1. Voluntariness - No attempt will be made to obtain a statement by force, threats, or promises. Whether an accused person or a suspect will cooperate is left entirely up to that individual. If he indicates at any time prior to or during questioning that he wishes to remain silent, or that he wants an attorney present, all interrogation must cease. Any confession induced by the officer "by the slightest hope of benefit or remotest fear of injury" will not be admissible in court OCGA 24-3-50.
   
   
2. Determination Thereof - The court uses two general standards in determining voluntariness. These standards are "inherently coercive" or not the result of "free and unconstrained choice." Failure to pass either of these standards renders a statement inadmissible.
   
   
   1. Elements of an Inherent Coercion include, but are not limited to:
      
      
      1. Physical abuse, or the threat of such abuse;
         
         
      2. Extended periods of interrogation without break or access to the outside;
         
         
      3. Unwillingness to permit the accused access to an attorney, family or friends, especially when an individual has made some effort to make contact with such persons;
         
         
      4. Severe physical conditions under which the accused is interrogated.
         
         
   2. A statement may be ruled inadmissible under the Free and Unconstrained Choice Doctrine when the interrogation practices used overpower the accused's ability to act in a self-determined matter. Circumstances and actions which may violate this doctrine include, but are not limited to:
      
      
      1. Failure to notify the accused of the charge(s);
         
         
      2. Age, intelligence, experience of the accused;
         
         
      3. Physical condition of the accused;
         
         
      4. Overt force, physical abuse, use of weapons, number of officers present;
         
         
      5. Threats and psychological pressure;
         
         
      6. Deprivations of food, sleep, medication;
         
         
      7. Isolation, incommunicado interrogations;
         
         
      8. Duration of questioning;Use of trickery, ruse, or deception;
         
         
      9. Failure to advise the accused of his rights;
         
         
      10. Promises of leniency or other inducements;

          It must be noted that the presence of any one or more of these factors will not necessarily make a statement involuntary. Rather the Court will examine the "totality of circumstances" at the time the statement was obtained.

3. Miranda Warnings and Waiver
   
   
   1. The language for the proper warning of rights and waiver contained on the Agency's Waiver of Rights Form is as follows:
      
      
      1. Warning
         
         
         1. That I have the right to remain silent and not make any statements at all, nor incriminate myself in any manner whatsoever.
            
            
         2. That anything I say can and will be used against me in a court or courts of law for the offense or offenses concerning which this statement is herein made.
            
            
         3. That I have the right to talk to a lawyer and have him present with me while I am being questioned.
            
            
         4. That if I am unable to hire a lawyer I can request and receive appointment of a lawyer by the proper authority, without cost or charge to me, to be present and advise me before and during this statement.
            
            
         5. That I can decide at any time to exercise these rights and not answer any questions or make any statements.
            
            
      2. Waiver
         
         
         1. I understand each of the above rights that have been explained to me.
            
            
         2. Having the rights in mind, I wish to waive these rights and talk voluntary of my own free will and accord.
            
            
   2. Before a statement can be admitted into evidence, the State must prove that the suspect fully understood the warning and freely decided to answer questions. A suspect who remains silent after receiving warnings has not agreed to be questioned. When possible, a signed waiver shall be obtained.
      
      
   3. Request for a Lawyer by an Accused
      
      
      1. If, at any point, the accused request to speak with an attorney, all questioning must cease. Questioning by police officers related to the offense(s) may not be resumed unless the accused initiates the questioning by requesting to speak with the officer. The officer must fully document any offer by the accused to speak with officers after invoking the right to counsel. Only routine, administrative questions not related to the offense(s) may be asked after the accused has invoked his/her right to counsel.
         
         
      2. If the accused says anything that suggests or implies that the accused wants to speak to a lawyer, questioning concerning the offense must cease. The officer may ask the suspect only questions that will determine whether or not the accused is invoking the right to counsel. Only if the accused states clearly and unequivocally that he/she does not want a lawyer, may questioning continue. Documentation of this is vital. The following are examples of equivocal requests for a lawyer:
         Accused: "I guess I'm going to see a lawyer sometime."

         Accused: "When do you think I'll get to see a lawyer?"

         Accused: "My wife informed me to go and get a lawyer."
         

         Officer Response: "Do you want a lawyer now?"

         Only if the accused's answer clearly indicates that he/she does not want a lawyer will questioning concerning the crime continue.

      3. If during the booking process the accused has completed an Application for Appointment of Counsel and Certificate of Financial Resources form (as required by USCR 29.3) and marks the form to request a court appointed lawyer, the accused has invoked the right to counsel and questioning must cease.
         
         
4. Identification of Investigator - In addition to being given the Miranda Warnings, the accused shall be advised of the names and official identity of the interrogating investigator(s) and the nature of the inquiry.
   
   
5. Interpreters - When there is doubt of a person's ability to use and understand the English language, and an officer is not qualified in the principle language of the person, the officer will contact his/her supervisor for assistance. The supervisor will be responsible for obtaining a qualified interpreter. Any confession made without an interpreter may result in the statement being rendered inadmissible in court. This policy shall also apply to those persons who are hearing impaired.

   NOTE: For hearing impaired assistance, contact the Department of Human Resources, Georgia Interpreting Services Network at 1-800-228-4992 or 404-657-5932

6. Documentation of Statement by Accused
   
   
   1. Whenever possible, any statement made by the accused should be recorded on either audio or video tape. The recording should include the accused's waiver of rights at both the beginning and end of the tape. A transcript of all recorded statements will be made and included in the case file.
      
      
   2. If is not possible to record the accused's statement, the officer must fully document the content of the statement.
      
      
   3. Whenever possible, the accused should be asked to sign any written statement in which a confession or admission of guilt is contained.
      
      
   4. Georgia law requires that the State furnish the defendant with a copy of any statement made while in custody. Failure to provide the defendant or his/her attorney with a copy of the statement renders the inadmissible.

      NOTE: No later than 10 days prior to trial, the State is required to disclose to the defendant, or his/her defense counsel, and make available for copying any relevant written or oral statement made by the defendant to a person who the defendant knew to be a law enforcement officer, whether before or after the arrest. This includes those portions of written reports that contains the substance of relevant oral statement made by the defendant. OCGA 17-16-4(a). Failure to disclose a defendant's statement can result in the court imposing sanctions, including barring the use of the statement at trial or taking direct action against the officer(s) involved or the Agency. OCGA 17-16-6.

7. Questioning About Similar Crimes - When interviewing subjects and suspects, consideration should be given to including questions as to any knowledge they may have of unresolved cases of a similar type.

   NOTE: The failure to take a defendant before a magistrate or judge for a first appearance hearing within a reasonable time period could result in the criminal charge(s) being dismissed.