AR 15-6 Investigation (Ramadi Palace, Iraq, July 11-12, 2003) re: Army Rights Warning Procedure

This is a form to follow when interviewing witnesses and potential suspects in a criminal investigation. The form is part of a larger package of documents in to the investigation of detainee abuse by a Captain and Staff Sargent outside the Ramadi Palace, Iraq, July 11-12, 2003. This document is part of an investigation in to an incident related to ACLU RDI 1136 through 1171.

Doc_type: 
Investigative File
Doc_rel_date: 
Sunday, May 15, 2005
Doc_text: 

PART U • RIGHTS WARNING PROCEDURE THE WARNING
.• can be a civilian you arrange for at no expense to the Governme,nt or a military lawyer detailed for you at no WARNING • Inform the suspectlaccused of: expense to you, or both."
a. Your official position.
-Or •
b. Nature of offense(s).
(For civifians not subject to thelICMJ) You have the right to talk privately to a lawyer before, during, and c. The fact lhat helshe is a suspectlaccused.
atter questioning and to have a lawyer present with you during questiuning. This lawyer can be one youRIGHTS • Advise the suspect:accused of his/her rights as follows: if you cannot afford a lawyer and want one, a lawyer will be appointedarrange for at your own expense, or"Before I ask you any questions, you must understand your rights."
Jot you before any questioning begins.'

a. 'You do not have to answer my questions or say anything."
b. 'Anything you say or do can be used as evidence against you in a criminal trial? (For personnel subject to the UCMJ) "You have the right to talk privately to a lawyer before, d. "If you are now wiling to discuss the ottensels1 under investigation, with or without a laviyer
c. during, and after questioning and to have a lawyer present with you during questioning. This present, you have a right to step answering questions at any time, or speak privately with a
lawyer lawyer before answering further, even if you sign a waiversertificate."

Make certain the suspectlaccused fully understands hislher rights.
THE WAIVER
"Do you want a lawyer at this time?""Do you understand your rights?" Of the suspectlaccused says "yes," stop the questioning 411 he/she has a lawyer. If the suspectlaccused Of the suspectlaccused says 'no,' determine what is not understood, and if necessary repeat the says "no,' ask hindher the following question.) •appropriate rights advisement. If the suspectlaccused says "yes," ask the following question.) "At tins time, are you willing to discuss the offenselsl under investigation and make a statement without"Have you ever requested a lawyer after being read your rights?"
(If the suspect/accused says "no,' stop
talking to a lawyer and without having alawyer present With you?'
fie., fewer than 30
Of the suspectlaccused says "yes," find out when and where. If the request was recent
the interview and have hindher read and sign the non-waiver section of the waiver certificate on The other
days ago), obtain legal advice whether to continue the interroiation.lf the suspectlaccused says "no? or if
side of this ions. If the suspect/accused says "yes," have him/her read and sign file waiver section of the
the prior inquest was not recent, ask himlher the following question.)
waiver certificate on the other side of this form.)
SPECIAL INSTRUCTIONS'
WHEN SUSPECTIACCUSED REFUSES TO SIGN WAIVER CERTIFICATE: If the suspectlaccused orally waives hislher rights but refuses to sign the waiver certificate, you may proceed with thrquestioning. Make notations on the waiver certificate to the effect that he/she has stated that he/she understands hislher rights, does not want a lawyer, wants to discuss the offense(s) under investigation, and refuses to sign the waiver certificate.
IF WAIVER CERTIFICATE CANNOT BE COMPLETED IMMEDIATELY: In all cases thrwaiver certificate must be completed as soon as possible. Every effort should be made to complete the waiver certificate before any questioning begins. If the waiver certificate cannot be completed at once, A in the case of street intenogation, completion may be temporarily postponed. Notes should be kept en the circumstances.
PRIOR INCRIMINATING STATEMENTS:
1. If the supsectfaccused has made spontanedus incriminating statements before being properly advised of hislher tights he/she should be told that such statements do not obligate himlher to answer further questions.
COMMENTS (Continued)
2. If the suspectlaccused was questioned as such either without being advised of hislher rights or some question exists as lathe propriety of the first statement, thg accused must be so advised. The office of the serving Staff Judge Advocate shbuld be contacted for assistance in drafting the limper rights
aasal.
If 1 or 2 applies, the tact that the suspectlaccused was aleisel accoldingly should be noted in the comment section on the waiver certificate and initialed by the suspectlaccused.
NOTE:
WHEN SUSPECTIACCUSED DISPLAYS INDECISION ON EXERCISING HIS OR HER RIGHTS DURING THE INTERROGATION PROCESS: If during the interrogation, the suspect displays indecision Ault requesting counsel (for example, 'Maybe I should get a lawyer?), further questioning must cease immediately. At that point, you may question the suspectlaccused only concerning whether he or she desires to waive counsel. The questioning may not be utilized to discourage a suspectlaccused from exercising hislher rights. (For example, do not make such comments as "If yin didn't do anything wrong. yen shouldn't need an attorney.")
USAFA V7.01
REVERSE OF DA FORM 3881
C 08263
DOD 006897
JS WARNING PROCEDUREIWAIVER CERTIFICA1. . - • . . -For use of this form, see AR-190.30; the proponent agency is DOC -SOPS
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•-DATA REQUIRED NY THE PRIVACY ACT ' • . ' • ' .
'..
AUTHORITY:

Title -I 0, United States Code, Section'3012(g) •
PRINCIPAL PURPOSE: To provide commanders and law enforcement officials with means by which information may be accurately identified.

-
ROUTINE USES:

Your Social-Security Number is used as an additionallalternate means of identification to facilitate tiling and retrieval.
DISCLOSURE:

Disclosure of your Social Security Number is voluntary.
-
.
1. LOCATION
..
2. ATE TIME 4. FILE No.
Fo B -8“,--1-- I (, D at. t e-3 I 4. INC
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8. noomozooN 0_ ADDRESS
5. NAM 6(6) ____
li wt.it ••
.6 1 0 .------
6. SSN 7. GRADEISTATUS
PART I - RIGHTS WAIVERINON-WAIVER CERTIFICATE
Section A. Rights
The investigator whose name appears below told me that heishe is with the United States Army
.
and wanted to question me about the foil wing offensels) of which I am
suspectedlaccused: .,,, • . __ r - . a ..t_ 8... .1"..e ' -t...0-A-4 .... . -_ - _ c— w, • .
Before hefshe asked me any questions about the offense(s1, hawever, e made it clear to me that I have the following rights:

1.
I do not have to answer any question or say anything. cpNO-,

2.
Anything I say or do can be used as evidence against me in a criminal trial.

. .
3. (For personnel subject oche UCMJ I have the right to talk privately to a lawyer before, during, and after questioning and to have a lawyer present with me.
during questioning. This lawyer can be a civilian lawyer) arrange for at no expense to the Government or a militarylawyerdetaitedfor mg at no expense lope.
or both.

• Of •
.
(for civilians not subject to the UM) I have the right to talk privately to a lawyer before, during, and after questioning and to have a lawyer present with
me during questioning. I understand that this lawyer can be one that I arrange for at my own expense, or if.I cannot afford a lawyer and want one, a lawyer
wit be appointed for me before any questioning begins.

4. ff I one now willing to discuss the offe nse(s) under investigation, with or without a lawyer present, I have a right to stop answering questions at any time, or .
speak privately with a lawyer before answering further, even if I sign the waiver below.

.
.
5. COMMENTS (Continue on reverse side)
. .

Section B. Waiver -
I understand my rights as stated above. I am now willing to discuss the easels) under investigation and make a statement without talking to a lawyer kit and without Lavin awye4resent with me.
WITNESSES (If available) 3. SIGNAT
la. NAME 7: peoeRnnTj
Cr
. . ORGANAATION .OR:MiORESS AND PHONE -

)3 4C k . .
. )
I/
2a. NAME (Type or hint/
4P11gOF1NASTIqATQR
b ORGANIZATION OR ADDRESS AND PHONE 6. ORGANIZATION OF INVESTIGATOR
- ,
. Willi.13 mIc k
Section C. Non-waiver
1. I do not want to give up my rights
. I want a lawyer . I do not want to be questioned or say anything
2. SIGNATURE OF INTERVIEWEE
ATTACH THIS WAIVER CERTIFICATE TO ANY SWORN STATEMENT (O4 FORM 2823) SUBSEQUENTLY EXECUTED BY THE SUSPECTIACCUSED

DA FORM 3881, NOV 89 EDITION OF NOV 84 IS OBSOLETE USAPA 2.01
{7:1)22Rq DOD 006898

Doc_nid: 
3453
Doc_type_num: 
66