Investigative Interview “for the record” Statement format

Tape Recorder test and verification:

“The date is ______, the time is______(hours). This Name/Rank/Position, at (cite location) . Present with me is Name/Rank/Position. We are about to interview (Subject/name/Rank), in connection with (Case Number) , which occurred on (date of incident), at (location and time). I am testing (brand name of recorder) in preparation for this investigative interview, this is the end of the test.

Rewind and replay tape to verify it’s proper operation and recording levels.

1.All parties should be advised that this interview is being recorded.

2.Today is (Day/Date), the time is ______.

3.My name is (rank/name) , from the (name of unit or department)

4.I am conducting an official investigation into (Case # ______)

5.On the complaint of (Name of complaintant, state confidential, or department initiated).

6.This interview is taking place at (location), recorded by (means of recording) For voice identification purposes please state your name, rank and/or association clearly when requested.

7.Officer, for the record please state your name, rank and badge number.

8.Present acting as your legal/union representative is; (have person state name and affiliation)

9.Also present at this interview is: ______.

10.Officer, have you been given ample time to discuss this matter with your representative? Yes/No.

11.Officer please be advised that:

You are not in custody and you not under arrest. You are free to leave but may be subject to disciplinary action up to and including termination, if you fail to answer questions that are narrowly and specifically defined regarding the performance of your duties, your professional responsibilities and your fitness to perform those duties during this proceeding.

You are required to answer all questions asked of you honestly and truthfully and to the best of your knowledge, failure to do so, will result in disciplinary action up to and including dismissal. The intentional making of false statements or reports and/or the intentional omission of significant of pertinent facts is considered untruthfulness and will treated as such.

12.Officer, please listen to the ground rules for this interview.

This is an official department investigation and it is your duty as an employee of the “------“ Police Department to answer questions directed to you by the investigator(s), truthfully, to best of your knowledge, and directly. You are directly responsible to answer the questions asked of you, your union representative is there to advise and assist you and will not be allowed to answer questions for you. If at any time you believe that the answer you may give to a question may tend to incriminate you, you can invoke your right against self incrimination under Article 12 of the Massachusetts Bill of Rights or under the 5th Amendment of the United States Constitution. This must be done on a question by question basis. If at any time you wish to consult with your representative before answering a question please ask to do so and will be allotted a reasonable time to consult or get advice. However, you may not unreasonably delay the interview process and must allow the employer’s representative to conduct his/her official business in a timely manner. Failure to answer questions directly or continued interruption of the interview process will not be tolerated and shall be grounds for discipline. At the conclusion of the interview process you or your representative will be allowed to make a statement, express concerns, or give a summary of your position on the subject matter involved in the interview.

Officer do you understand the ground-rules…?