Use this only when DA Form 3881, Rights Warning Procedure/Waiver Certificate, cannot be used. Complete DA Form 3881 as soon as possible.
Inform the person of your official position, the nature of the offense, and the fact that he is a suspect. Read the following- DO NOT CHANGE. Read word for word.
"Before I ask you any questions, you must understand your rights."
1. You do not have to answer my questions or say anything.For civilians not subject to the UCMJ
You have the right to talk privately to a lawyer before, during, and after questioning and to have a lawyer present with you during questioning. However, you must make your own arrangements to obtain a lawyer and this will be at no expense to the government. If you cannot afford to pay a lawyer and want one, arrangements will b made to obtain a lawyer for you in accordance with the law.4. If you are now willing to discuss the offense(s) under investigation, with or without a lawyer present, you have a right to stop answering questions at any time, or speak privately with a lawyer before answering further, even if you sign a waiver certificate.
Make certain the suspect/accused fully understands his/her rights, then say:
"Do you want a lawyer at this time?"
"At this time, are you willing to discuss the offense(s) under investigation and make a statement without talking to a lawyer and without having a lawyer present with you?"
