Right to Counsel (Model Examinations)
- Establish The Peace Officer's Identity and Role in Case
- ☐ establish name and identity
- ☐ establish whether peace officer associated with the organization
- ☐ were you involved in the investigation of accused
- ☐ in the course of your involvement did you present or play any part in the detention/arrest of the accused
- Establish Point of Detention or Arrest
- ☐ At what point (date and time) did you have contact with the accused
- ☐ what information did you have at that time ( go into detail )
- ☐ Where was initial contact? who else was present?
- Establish Informational Component of Right to Counsel
- ☐ Inform detainee of right to counsel, including right to counsel
- ☐ Confirm that the person understands
- ☐ Inform detainee of right to legal aid, including contact number
- ☐ Confirm that the person understands
- Establish Implementation Component of Right to Counsel
- ☐ Whether officer made the phone call and confirmed that counsel (of choice) was on the phone
- ☐ Duration of phone call (time he started phone call, time he exit)
- ☐ Ability to hear any noises coming in from the booth
- ☐ After phonecall, confirmation that the detainee is satisfied with access to counsel.