Officers of the Honolulu Police Department shall be guided by
this directive when questioning an adult or juvenile suspected of
committing a crime.
A. Before questioning a suspect in a criminal case,
the suspect shall be informed of his or her constitutional rights.
B. Reasonable effort shall be made to ascertain that
the party to be questioned is sober and coherent.
C. he appropriate constitutional rights warning form
should be used. If the form is not readily available, a verbal
warning of these rights may be acceptable.
1. Each item of the constitutional rights warning must be
explained carefully. Reasonable effort should be made to determine
that the person being questioned understands his or her rights.
2. If the subject does not understand the constitutional rights
warning, reasonable effort shall be taken by the investigator to assist
the subject in understanding his or her rights.
3. The behavior,apparent mental condition, and physical appearance
of the person being questioned shall be documented in the police report.
D. The appropriate constitutional rights form should be signed by the
party to be questioned to acknowledge that the constitutional rights
have been fully understood. If the person being questioned is unable
or refuses to sign, it shall be noted on the form’s signature line.
CUSTODIAL QUESTIONING GUIDELINES
A. Anyone who is taken into police custody must be warned
of his or her constitutional rights before any
custodial questioning can begin.
B. If the subject requests the presence of an attorney,
all questioning shall cease until the requested party
C. If the subject requests contact with an investigator,
custodial questioning may begin or be reinitiated after
the constitutional rights warning is administered.
Exception : If the subject requests a break during
questioning, the investigator shall note the
circumstances and the time that the break begins and
D. If the subject requests the presence of an attorney but
indicates that he or she cannot afford one, reasonable
effort shall be made to allow the subject to contact
the Office of the Public Defender . All questioning
shall cease until the attorney is present.
VOLUNTARY/ UNSOLICITED STATEMENTS
If a person makes a spontaneous statement about involvement
in a crime, the person should not be interrupted to be
advised of any constitutional rights nor should the person
be solicited for additional information .
A. If an arrested juvenile requests the presence of a
parent/guardian or legal custodian, all questioning
shall cease until the party is present.
B. In order to reduce the possibility of duress, no more
than two officers should be present during an
interview, and the interview should be of reasonable
C. The officer in charge of the investigation shall
explain to the juvenile the procedures that will be
followed as they relate to the custody, release,
transport to another facility and/or detention hearing,
and relevant juvenile justice system procedures.