Criminal

POLICE FIELD WARNING PROCEDURE

BOTTOM LINE: IF YOU ARE SUSPECTED OF SOMETHING, GUILTY OR INNOCENT, SHUT UP AND ASK FOR YOUR LAWYER.

As soon as practical, but no later than a custodial interrogation begins, arresting officers must warn all arrested persons of their constitutional rights.

Field warnings are not required under the following circumstances:

When the person questioned is not under arrest and is free to leave and fully understands this fact.

When the person questioned is not a suspect in the particular case about which they are being questioned.

General questioning at the scene of a criminal offense of those persons present where the investigation has not centered upon the individual being questioned as a suspect in the case.

When the suspect is not being interviewed to obtain a statement, officers must keep in mind that failure to give this field warning may prohibit the use of such statements from the suspect in a criminal court proceeding.

Francisco Hernandez

Author Francisco Hernandez

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