This page uses extracted PDF text. Text can misread numbers, dates or table columns. Check the PDF before quoting or interpreting it. Redacted areas remain redacted.
For a confession to be admissible, it must be given freely and voluntarily; that is, any threats or
violence must not extract it, nor obtained by any direct or implied promises, however slight, nor
by the exertion of any improper influence.
D. Police officers, when conducting investigations, regardless of the severity of the case, should be
conscious that the courts will scrutinize their procedures. It is incumbent upon each police officer to
stay abreast of court decisions related to police investigative conduct.
II. PROCEDURE [1.2.3(a,b); 26.1.1; 42.2.2(b)]
The following general procedures should be followed during an investigation when interrogating a person
suspected of criminal activities.
A. Before any custodial interrogations, all persons should be advised of their rights under Miranda v.
Arizona, or In Re Gault, depending on which applies to the suspect. Whenever possible, the Adult
Rights Waiver Form (NNPD Form #18) or the Juvenile Rights Waiver Form (NNPD Form #18J) will
be used to document this action. The incident report will also document that they were advised of their
rights and whether they waived or invoked them.
NOTE: In Gates v. Commonwealth, the Court ruled that Miranda Warnings were not required if new
arrest warrants are executed on a defendant while in custody, and no interrogation occurs.
(30 Va. App. 352) (1999)
B. The advising of a person’s rights under Miranda v. Arizona or In Re Gault should be documented (see
ADM-278 Interview Room Protocol, ADM-570 Body-worn Cameras) and submitted into evidence,
per OPS-485 Property & Evidence, Section III. F. When recording an interview at a place of detention
in accordance with §19.2-390.04 of the Code of Virginia, the advising of a person’s rights will be
recorded.
C. When conducting a custodial interrogation of a juvenile, officers/detectives will follow the procedures
outlined OPS-435 Handling of Juveniles and §16.1-247.1 of the Code of Virginia.
D. When conducting a custodial interrogation of non-English speaking or hearing impaired suspects, the
officer will make arrangements to procure an interpreter to advise them of their rights. The use of an
interpreter must be documented.
E. If an officer or detective becomes involved in a complex incident and requests that the Major Crimes
Division assume responsibility for the investigation, it is strongly recommended that the
officer/detective not question the suspect, thus eliminating the need for Miranda advisements.
NOTE: If a suspect makes a spontaneous utterance, it is recommended that the officer/detective not
ask the suspect any direct questions and allow the individual to continue. The officer should
not stop the suspect to issue Miranda Warnings.
F. Department employees are prohibited from obtaining or attempting to obtain a confession or admission
through coercion, duress, or threats.
G. No police officer will refuse a suspect the right of counsel during any investigation or interrogation.
[1.2.3(c)]
H. If an accused person elects to waive their rights, it is the responsibility of the investigator to ensure
that any waiver is made “voluntarily, knowingly, and intelligently.”
OPS-403 - 2 of 2– 02/07/2022Jump to an indexed page (2 of 2)