Form Cg-5810e - U.s. Coast Guard Ucmj And Miranda/tempia Rights
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1
2DEPARTMENT OF HOMELAND SECURITY
U.S. Coast Guard
UCMJ AND MIRANDA/TEMPIA RIGHTS
Article 31(B)
Instructions to the Interviewer…
This form shall be completed when anyone investigating an alleged offense(s) considers it desirable or necessary
to interview an individual subject to the Uniform Code of Military Justice who is:
a.
Suspected of an offense under the Uniform Code of Military Justice, state, or other federal law; or,
b.
In custody (freedom of movement is limited in some significant way).
This warning is more extensive than the individual warnings required under either Article 31(b), UCMJ or the
Miranda and Tempia line of court decisions. In a case in which both rights apply (a. & b. above), however, this
form should be given to a military member by a military investigator or anyone acting on behalf of the military. This
warning should be used at the preliminary investigation stage because no determination has been made as to the
appropriate disposition of the alleged offense(s). This form may also be used in interviewing civilian suspects
even though the warnings are more extensive than are required.
Other Warnings That May Be Required…
1.
Under 10 U.S.C. § 1219, a military member must be advised that he or she is not required to make any
statement relating to the origin, incurrence, or aggravation of a disease or injury. See, Administrative
Investigations Manual, COMDTINST M5830.1 (series).
2.
Under the Privacy Act, 5 U.S.C. § 552a, the subject of an investigation must be advised of his or her rights
under the Privacy Act if required to provide protected personal information (such as social security number,
home address, etc.). See, Administrative Investigations Manual, COMDTINST M5830.1 (series).
I
, _________________________________, _______________________, ____________________________________
[Suspect’s Rate/Rank Name]
[SSN or Military ID]
[Unit]
have been advised by: ___________________________________________________ that he/she is investigating -
[Interviewer’s Rate/Rank Name]
State briefly the matters/incidents being investigated:
I am suspected of committing the following offense(s) - Plain language description of suspected offense(s):
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