G2.2.1 Interviews and Interrogations
Chapter: Chapter 02: Role and Authority
Sub-Chapter: 2.2 - Limits of Authority
Effective Date: 10/26/2023
Revised Date: 10/26/2023
Rescinds: None
Purpose
To describe the procedures the Indiana University Police Department (IUPD) will follow when conducting interviews and interrogations.
General Order
The IUPD will comply with the highest standards of legal and professional conduct in recognizing a person’s constitutional rights. Officers will be mindful of the rights and protections afforded to all persons by the United States Constitution and the Indiana Constitution. Therefore, officers will conduct interviews and interrogations in a professional manner and in accordance with applicable constitutional requirements.
This general order pertains to all interviews and interrogations. Additional procedures governing questioning of juveniles are found in G8.4.2 Custodial Interviews of Juveniles.
Definitions
Electronic recording – An audio-video recording that includes at least the visible images of the person being questioned as well as the voices of the person being questioned and the interviewer(s).
Interrogation – A questioning session pertaining to material facts of a crime or incident which occurs any time a person being questioned is in custody or otherwise detained and believes that they are not free to leave or walk away from the questioning session.
Interview – A questioning session pertaining to material facts of a crime or incident which occurs when the person being questioned believes that they are free to leave or walk away from the questioning session.
Any doubt as to whether a questioning session is an interview or an interrogation will be resolved in favor of an interrogation.
Place of detention – A jail, law enforcement agency station house, or any other stationary or mobile building owned or operated by a law enforcement agency at which persons are detained in connection with criminal investigations.
General Requirement
Unless exigent circumstances are present, when investigating any incident officers will, without delay, first introduce themselves by name, agency, and then state the reason for the interaction. Consistent with G7.1.1 Reasonable Force, the IUPD recognizes that officer introduction and statement of purpose may be a means of de-escalation.
Field Interviews
Generally, field interviews are conducted during the very early stages of an investigation or in some cases before an investigation has begun. Officers may conduct a field interview to gather necessary information needed in the execution of the officers’ duties. All constitutional requirements regarding interviews, interrogations, and search and seizure or any other legal requirements will be followed during all field interviews.
The circumstances of and the information collected from the field interview will be documented as appropriate in the IUPD’s Records Management System.
Miranda Warnings
Prior to questioning a suspect, whenever the person is in custody or is otherwise deprived of their freedom of movement, the officer will first advise the person of their constitutional rights as required by the U.S. Supreme Court decision of Miranda v. Arizona (1966). The Miranda warning will be read from a pre-printed card or by using the F2.2.1-1 Advisement & Waiver of Rights form. Officers will ensure the person understands the Miranda warnings, including instances when English is not the person’s primary language. The use of Language Line or other available and reliable resource is encouraged.
Right to Counsel
Once a suspect has expressed a desire to exercise the right to counsel, the interrogation will stop and no further questioning will be attempted until counsel for the suspect is present.
It is possible for a suspect to waive the right to counsel after asserting it. This will permit the interrogation to begin again. For a waiver to occur, the suspect must first initiate further communications, exchanges or conversation with an officer. Second, the suspect must voluntarily talk without counsel present, knowing that they do not have to do so. The suspect must be advised the Miranda warnings before questioning resumes.
Right to Remain Silent
If during any stage of the interrogation, the suspect invokes the right to remain silent, but has not requested an attorney, officers will honor that request. If the suspect reinitiates communications relevant to the interrogation, officers should consider the facts and circumstances in determining whether to read the Miranda warning again before continuing questioning. If there is any doubt as to whether or not reading the Miranda warning again is necessary, officers will read the Miranda warning to the suspect prior to any questioning.
Coercion Prohibited
The decision to waive a Constitutional protection belongs with the accused individual. Officers will not attempt to coerce or unduly influence a suspect in the decision of whether or not to exercise any right.
Officers will not coerce or obtain involuntary confessions from persons suspected of criminal involvement. Officers will not use physical abuse, intimidation, threats, or false promises in order to extract a statement or confession.
Persons being interviewed or interrogated will be allowed to request an interruption to the interview or interrogation for the purpose of using a restroom, obtaining water, or other type of reasonable comfort break. The officer conducting the interview or interrogation will grant any reasonable request for a break.
Recording of In-Custody Interrogations
In accordance with the Indiana Rules of Evidence, Rule 617, officers will electronically record (video and audio) the custodial interrogation of any suspect in a felony investigation who is being questioned in a place of detention unless the suspect has agreed to respond to questions only if their statements are not recorded provided that such an agreement and its surrounding discussion is either electronically recorded or documented in writing. The electronic recording must be a complete and continuous record of the interrogation. As described in Indiana Rules of Evidence, Rule 617, the exceptions to this recording rule are any of the following only if there is clear and convincing proof of their occurrence:
- The statement was part of routine processing or “booking” of the person; or
- Before or during a custodial interrogation, the person agreed to respond to questions only if their statements were not electronically recorded, provided that such agreement and its surrounding colloquy is electronically recorded or documented in writing; or
- The law enforcement officers conducting the custodial interrogation in good faith failed to make an electronic recording because the officers inadvertently failed to operate the recording equipment properly, or without the knowledge of any of said officers the recording equipment malfunctioned or stopped operating; or
- The statement was made during a custodial interrogation that both occurred in, and was conducted by officers of, a jurisdiction outside Indiana; or
- The law enforcement officers conducting or observing the custodial interrogation reasonably believed that the crime for which the person was being investigated was not a felony under Indiana law; or
- The statement was spontaneous and not made in response to a question; or
- Substantial exigent circumstances existed which prevented the making of, or rendered it not feasible to make, an electronic recording of the custodial interrogation, or prevent its preservation and availability at trial.
All electronic recordings of custodial interrogations will be securely stored and treated as evidence.
Related Information
Indiana Judicial Branch Rules of Court
- Rules of Evidence, Rule 617. Unrecorded Statements During Custodial Interrogation
Indiana University Police Department
- F2.2.1-1 Advisement & Waiver of Rights
- G8.4.2 Custodial Interviews of Juveniles