DA Form 3881 Rights Warning Procedure/Waiver Certificate
What Is a DA Form 3881?
DA Form 3881, Rights Warning Procedure/Waiver Certificate is a form used for confirming that a person suspected or accused of a crime was informed and advised on their rights. Commanders and law enforcement officials must complete the form and make sure that the arrested or accused understands their legal rights before proceeding to questioning.
The most recent version of the form - sometimes incorrectly referred to as the DD Form 3881 - was released by the Department of the Army in November 1989. An up-to-date DA Form 3881 fillable version is available for download and digital filing below or can be found on the Army Publishing Directorate website.
If the form cannot be used - for example, during an apprehension - an MP the Rights Warning Card, GTA 19-6-6 should be used to inform the suspect of his rights. When the DA 3881 is finally completed, it must contain notes explaining the delay in filing.
Download DA Form 3881 Rights Warning Procedure/Waiver Certificate
How To Complete a DA Form 3881?
A full description of the form and an overview of all related usage procedures can be found in the Army Regulation 190–30, Military Police Investigations, released in November 2005. DA Form 3881 instructions are as follows.
- First, the commander or the law enforcement official identifies the place where the DA 3881 is being filed in Block 1. The provided information should include the post, city, state, zip code. The date of filing and the military time with the suspect’s initial are provided in Blocks 2 and 3.
- The military police report number is specified in Block 4. Blocks 5 and 6 are for the suspect’s full name and social security number.
- Blocks 7 is for the suspect’s military rank or grade if the suspect is a DoD employed civilian. The suspect’s address - either military or civilian - is provided in Block 8. If the person is a U.S. government employee, their organization is provided in the same block.
- Section A describes the rights the suspect or accused has. The first line must include the name of the investigator and the offense or offenses of which they suspect the apprehended individual.
- Sections B and C contain the waiver and non-waiver options. These sections are filled in depending on the suspect’s decision: they may want to discuss the offense with or without talking to a lawyer or refuse to talk and be questioned.
- The accused must sign the form to certify their choice. Additionally, Section B provides information about possible witnesses along with their name, organization, address and phone number. The interviewee and investigator must certify the form by signing it in the appropriate boxes in Sections B or C.