Interrogations: Field and Custodial

	Chicago Police Department	General Order G04-03
	Interrogations: Field and Custodial

Issue Date:

15 March 2011

Effective Date:

15 March 2011

Rescinds:

G11-02

Index Category:

Preliminary Investigations

Purpose

This directive:

A. states provisions of the Illinois Compiled Statutes relating to the stopping and temporary questioning of individuals.

continues guidelines for field interrogations .

C. identifies justification for the search of a person during an investigation, stop, detention, and field interrogation.

updates the procedures relative to custodial interrogations and advising individuals of their rights afforded by the United States Supreme Court decision in:

1. Miranda v. Arizona, 384 U.S. 436 (1966).
2. Terry v. Ohio 392 U.S. 1 (1968).
3. Berkemer v. McCarty 468 U.S. 420 (1984).
4. Maryland v. Shatzer, 130 S.CT 1213 (2010).
5. Berghuis v. Thompkins, 560 U.S. (2010).

II.	Field Interrogations-Authority To Stop A Person For Questioning

"A peace officer, after having identified himself as a peace officer, may stop any person in a public place for a reasonable period of time when the officer reasonably infers from the circumstances that the person is committing, is about to commit or has committed an offense as defined in Section 102-15 of this Code, and may demand the name and address of the person and an explanation of their actions. Such detention and temporary questioning will be conducted in the vicinity of where the person was stopped” (725 ILCS 5/107-14). This authority is also granted under City ordinance.

B. Offense means a violation of any penal statute of this State or a violation of a City of Chicago ordinance (MCC).

III.	Guidelines For Field Interrogations

A. Miranda warnings are not necessary when police conduct general, on-the-scene questioning regarding facts of a crime.

Based upon reasonable, articulable suspicion, a police officer may conduct an investigatory stop of a subject and ask the persons name and an explanation of their actions without Miranda warnings. If the person refuses to answer, the police officer must evaluate whether or not valid grounds for arrest exist and proceed accordingly.

C.	The person stopped is not obliged to answer; answers may not be compelled, and a refusal to answer furnishes no basis for arrest, although it may alert the police officer to the need for continued observation or additional investigation of the person.

IV.	Authority To Search A Person Stopped For Temporary Questioning

A.	When a peace officer has stopped a person for temporary questioning pursuant to Section 107-14 of this Code and reasonably suspects that he or another is in danger of attack, he may search the person for weapons...(725 ILCS 5/108-1.01).

B.	When a police officer:

1.	observes unusual conduct which leads them reasonably to conclude in light of their experience that criminal activity is present or imminent and that the person with whom they are dealing may be armed and dangerous; and

2. in the course of investigating a person’s behavior, they identify themselves as a peace officer and makes reasonable inquiries; and

is entitled, for the protection of themselves and others in the area, to conduct a carefully limited search of the outer clothing of such person in an attempt to discover weapons which might be used to commit an assault upon themselves when nothing in the initial stages of the encounter serves to dispel their reasonable fear for their own or others’ safety.

NOTE:

Purses of females, attaché cases, etc., may be given a very carefully limited examination solely to discover weapons.

The sole justification of an officers search of a person whom they have no cause to arrest is the protection of the officer and others nearby, and it must, therefore, be confined to a search reasonably designed to discover guns, knives, clubs, or other hidden instruments which could be used to assault the officer. An officer:

1. may conduct a pat down of outer clothing.

must refrain from placing their hands in the pocket or under the outer surface of garments until they feel a weapon(s). At that time, the officer should merely reach for and remove the weapon(s). If the weapon is not lawfully possessed, the person searched should then be immediately placed under arrest and a more thorough search conducted.

V.	Limited Scope Of A Search Of A Person

Police officers will exercise caution when patting down pockets of outer garments of persons of the opposite sex. Any necessary further search of such person will be conducted by a member of the same sex as the person being searched and in accordance with existing Department policy on conducting body/strip searches .

VI.	Custodial Interrogation-Advising The Individual Of Their Rights

Before the interrogation of an individual who is in custody, including in the field, the sworn investigating member will, in the presence of another sworn Department member, if possible, expressly warn the individual of their constitutional rights by orally reciting each of the warnings and obtaining a response for each warning.

NOTE:

A traffic stop does not constitute custody.

B. Warning of the individual’s rights must be given before any in-custody interrogation about a specific crime or offense for which the individual is in custody can commence.

NOTE:
This does not apply to initial, on-the-scene questioning of a person or other general questioning in the fact gathering process.

Before accepting any admission or statement of a juvenile, the juvenile will be advised that their case may be transferred to Criminal Court where they will be prosecuted as an adult. A JUVENILE SHOULD BE WARNED AND QUESTIONED ONLY IN THE PRESENCE OF AN ADULT (parent, other relative, friend) IF SUCH AN ADULT CAN BE LOCATED.

NOTE:

For specific responsibilities pertaining to interrogating juveniles, members will refer to the Department directive entitled “Processing of Juveniles and Minors Under Department Control.”

D.	Members should be aware that a failure to follow Department policy and procedures regarding Miranda or promises/suggestions of benefits to the subject may result in the confession being excluded at trial.

E.	If the individual:

1. requests advice as to whether or not they should decide to answer questions, Department members are not permitted to advise the individual.

2.	has Limited English Proficiency (LEP), the investigating member will request and use only Department-authorized interpreters as delineated in the Department directive entitled, “Limited English Proficiency.”

3. states they do not wish to answer questions and remains silent, the investigating member will document the individual invoked their right to remain silent in the appropriate report.

4.	initiates communication with the investigating member or wishes to answer questions after invoking their right to remain silent or to an attorney, the investigating member will document the circumstances on the appropriate report.

F. Individuals cannot assert their 5^th Amendment privilege against self incrimination in order to avoid fingerprinting or to avoid providing their name for identification purposes.

VII.	Waiver of Rights

A. An individual may waive these rights, provided the waiver is made voluntarily, knowingly, and intelligently.

An express statement by the individual, after hearing the warnings, that they are willing to make a statement and that they do not want a lawyer, constitutes a waiver. The investigating member will document, in the appropriate report, the conditions and/or the circumstances in which an express statement was given by the individual.

Pursuant to Berghuis v. Thompkins, 560 U.S. (2010), an individual, who is aware of their right to remain silent, must unambiguously invoke that right. If the individual does not explicitly invoke their right to remain silent, any subsequent voluntary statements may be used in court and the interrogation may continue.

D. If an individual orally waives their rights, the investigating member will document the oral waiver of rights in the appropriate report.
E. Any indication that the individual was threatened or coerced into a waiver of these rights will establish that the waiver was not voluntary.

VIII.

Interrogation Procedure

A. Warning of the individual’s rights must be given before any in-custody interrogation about a specific crime or offense for which the individual is in custody for can commence.
B. An individual who wishes to consult a lawyer will not be interrogated until they have an opportunity to do so.

The individual will be informed if at any time a lawyer appears (or a parent appears in cases involving a juvenile) and requests to see the subject, regardless of the fact that the subject had previously waived their right to have an attorney present. In addition, the person to be questioned shall have an opportunity to have the lawyer or parent present during any subsequent questioning, if they so desire.

D.	If the person to be questioned:

1.	states that they understand the meaning of the warnings and that they nonetheless wish to answer questions without speaking to a lawyer and without having a lawyer present, and later changes their mind, the questioning will immediately cease.

2.	refuses to answer questions, and later changes their mind, officers must take care to show that this change of mind was initiated by the person to be questioned, that it was made voluntarily and intelligently and that the rights were given again.

The member who has made reasonable efforts to have a parent or legal guardian present will document the results of these efforts on the appropriate case report. The member conducting the interview will also document on the appropriate case report all individuals present during the interview including the identity of the parent or legal guardian.

NOTE:

For specific responsibilities pertaining to interrogating juveniles, members will refer to the Department directive entitled “Processing of Juveniles and Minors Under Department Control.”

F.	In the event that reasonable efforts have failed to ensure the presence of a parent or legal guardian, an investigator assigned to the appropriate area Special Victims Unit will be present during the interview of the juvenile.

IX.	Subsequent Interrogations – Time Period Limitation

Pursuant to Maryland v. Shatzer, if an individual who has asserted their 5^th Amendment right to an attorney before answering questions is released from Department custody prior to being charged with the offense for which they have asserted their rights, members may attempt to question the individual about this offense after a period of fourteen (14) days has expired.

NOTE:

The fourteen day period begins upon release of the subject from custody.

B.	Police may also resume questioning if the subject is incarcerated in another facility, as long as they have not been charged/convicted with the offense for which they originally asserted their rights following Miranda.

X.	When Warnings Are Not Required

A. The warnings need not be given to any person who spontaneously volunteers information without any questioning by anyone.

There is no requirement that the police stop and warn a person who enters a police facility and states that they wish to confess a crime, nor that they stop and warn a person who telephones the police or approaches any police officer on duty to offer a confession or any statement about said crime and their part in it.

A person need not be advised of their rights if the police are engaged in general on-the-scene questioning about a crime or other general questioning of witnesses in the fact-finding process, as long as the questioned person has not been taken into custody, or has not become the focus of the investigation. Such a person can leave the scene at any time they so desire.

Warnings need not be given on the scene immediately to a person in custody when the urgency of a situation poses a threat to the public safety or the safety of the officer. However, any further questions designed solely to elicit testimonial evidence from the person in custody must be preceded by the Miranda warnings.

Terry G. Hillard
Interim Superintendent of Police

09-203 MAV

GLOSSARY TERMS:

1.	Field Interrogation - General on-the-scene questioning of a person about a crime or other general questioning of witnesses in the fact-finding process; provided that the person being questioned has not been taken into custody nor has been deprived of his freedom of action in any significant way.

Custodial Interrogation

Has been interpreted by the United States Supreme Court as "questioning initiated by law enforcement officers after a person has been taken into custody or has otherwise been deprived of his freedom of action by the authorities in any significant way."

An interrogation in which a reasonable person would consider themselves in custody and the questions asked during the interrogation are reasonably likely to elicit an incriminating response.

NOTE:

Interrogation encompasses not only questioning, but also any remarks, psychological tactics or patent maneuvering designed to elicit a response or to undermine a suspect's will to resist further questioning.

3.	Strip Search - The removal or rearrangement of some or all of the clothing of an arrestee to permit a visual inspection of the genitals, buttocks, anus, female breasts, or undergarments.

Strip Search	X
The removal or rearrangement of some or all of the clothing of an arrestee to permit a visual inspection of the genitals, buttocks, anus, female breasts, or undergarments.