Chapter 11 – Police Questioning
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Read more: § 11.01. Objectives of Police Questioning
The goal of police questioning should be to obtain accurate and reliable information, while seeking to eliminate undue coercion, and treat persons with dignity and fairness.
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Read more: § 11.02. Recording of Police Questioning
Written policies should set out the procedures for the recording of questioning, and for the disclosure and the retention of recorded evidence, and should provide that: (a) absent exigent circumstances, officers should record questioning of suspects in its entirety; (b) officers should record questioning of witnesses whenever feasible; and (c) in situations in which recording…
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Read more: § 11.03. Informing Persons of Their Rights Prior to Questioning
Officers should inform suspects—whether in formal custody or not—of any right to refrain from speaking with the officers or right to counsel, and ensure that any waivers of those rights are knowingly and voluntarily made. Any invocation of rights must be respected, and if there is any uncertainty as to whether rights are being invoked,…
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Read more: § 11.04. Conducting Police Questioning
When questioning individuals, officers should: (a) minimize the length of questioning; (b) avoid leading questions and disclosing details that are not publicly known; (c) avoid threats of harm to the individual or others or, conversely, avoid making promises of benefits to the individual or others; (d) avoid the use of deceptive techniques that are likely…
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Read more: § 11.05. Questioning of Vulnerable Individuals
(a) Officers should assess carefully a person’s background, age, education, language access, mental impairment, and physical condition, in order to determine vulnerability to coercion and suggestion. (b) Officers should minimize the need to question vulnerable people and members of vulnerable populations, such as minors, people with mental illness, people with developmental disability, and people affected…