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.

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RIGHTS WARNING PROCEDURE/WAIVER CERTIFICATE
For use of this form, see AR 190-30; the proponent agency is PMG
DATA REQUIRED BY THE PRIVACY ACT
AUTHORITY:
Title 10, United States Code, Section 3012(g)
PRINCIPAL PURPOSE:
To provide commanders and law enforcement officials with means by which information may be accurately identified.
ROUTINE USES:
Your Social Security Number is used as an additional/alternate means of identification to facilitate filing and retrieval.
DISCLOSURE:
Disclosure of your Social Security Number is voluntary.
1.
LOCATION
2.
DATE
3.
TIME
4.
FILE NO.
5.
NAME (Last, First, MI)
8.
ORGANIZATION OR ADDRESS
6.
SSN
7.
GRADE/STATUS
PART I - RIGHTS WAIVER/NON-WAIVER CERTIFICATE
Section A. Rights
The investigator whose name appears below told me that he/she is with the United States Army
and wanted to question me about the following offense(s) of which I am
suspected/accused:
Before he/she asked me any questions about the offense(s), however, he/she made it clear to me that I have the following rights:
1.
I do not have to answer any question or say anything.
2.
Anything I say or do can be used as evidence against me in a criminal trial.
3.
(For personnel subject to the UCMJ) I have the right to talk privately to a lawyer before, during, and after questioning and to have a lawyer present with me
during questioning. This lawyer can be a civilian lawyer I arrange for at no expense to the Government or a military lawyer detailed for me at no expense to me,
or both.
- or -
(For civilians not subject to the UCMJ) I have the right to talk privately to a lawyer before, during, and after questioning and to have a lawyer present with me
during questioning. I understand that this lawyer can be one that I arrange for at my own expense, or if I cannot afford a lawyer and want one, a lawyer will be
appointed for me before any questioning begins.
4.
If I am now willing to discuss the offense(s) under investigation, with or without a lawyer present, I have a right to stop answering questions at any time, or
speak privately with a lawyer before answering further, even if I sign the waiver below.
5.
COMMENTS (Continue on reverse side)
Section B. Waiver
I understand my rights as stated above. I am now willing to discuss the offense(s) under investigation and make a statement without talking to a lawyer first and without
having a lawyer present with me.
3.
SIGNATURE OF INTERVIEWEE
(If available)
WITNESSES
(Type or Print)
1a.
NAME
b.
ORGANIZATION OR ADDRESS AND PHONE
4.
SIGNATURE OF INVESTIGATOR
2a.
(Type or Print)
5.
TYPED NAME OF INVESTIGATOR
NAME
b.
ORGANIZATION OR ADDRESS AND PHONE
6.
ORGANIZATION OF INVESTIGATOR
Section C. Non-waiver
I do not want to give up my rights
1.
I want a lawyer
I do not want to be questioned or say anything
2.
SIGNATURE OF INTERVIEWEE
ATTACH THIS WAIVER CERTIFICATE TO ANY SWORN STATEMENT (DA FORM 2823) SUBSEQUENTLY EXECUTED BY THE SUSPECT/ACCUSED
APD LC v2.02ES
DA FORM 3881, NOV 1989
EDITION OF NOV 84 IS OBSOLETE.

Download DA Form 3881 Rights Warning Procedure/Waiver Certificate

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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.

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
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