Form Cg-5810e "UCMJ and Miranda/Tempia Rights"

Form CG-5810e or the "Ucmj And Miranda/tempia Rights" is a form issued by the United States Coast Guard.

Download a fillable PDF version of the Form CG-5810e down below or find it on the United States Coast Guard Forms website.

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DEPARTMENT 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):
Reset
DEPARTMENT 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):
Reset
[Suspect should initial each paragraph]
I understand that:
Suspect’s
Suspect’s Rights
Initials
1.
I have the right to remain silent. I do not have to answer questions or make any
__________
statement.
2.
Before I decide whether I want to answer questions or make a statement, I may
consult with a lawyer. If I decide to consult with a lawyer, the interviewer will stop
the questioning. I may consult with a military lawyer provided without cost to me,
__________
or a civilian lawyer obtained at no expense to the government, if the government
intends to continue questioning me. If I decide to consult with a lawyer, I have the
right to have an appointed military lawyer, a civilian lawyer obtained at no
expense to the government, or both, present during any further questioning.
3.
If I decide to answer questions or make a statement, anything I say may be used
as evidence against me in any court-martial, nonjudicial proceeding,
__________
administrative proceeding, or civilian court.
4.
Even if I decide to answer questions or make a statement, I may at any time stop
__________
answering questions, refuse to make any further statements, or request to consult
with a lawyer.
5.
I have carefully read the above. I understand my rights. Any questions I have
__________
asked concerning my rights have been answered to my satisfaction.
With full knowledge of my rights and the information contained on both pages of this form, I voluntarily make
the following elections:
a. I do not desire to consult a lawyer.
c. I desire to consult a lawyer.
b. I desire to make a statement and/or answer
d. I do not desire to make a statement or
any questions.
answer any questions.
________________________________
________________________________________
[Time and Date]
[Signature of Suspect]
________________________________________
[Signature of Witness]
Interview Instructions
1. If the suspect elects either block c. or d., stop questioning. Consult the servicing legal office before
reinitiating any further questioning of this suspect concerning these suspected offenses.
2. If the suspect elects both blocks a. and b., the interviewer may continue questioning.
3. Any written statements by the suspect should be prefaced with the following statement: “With full
understanding of my rights, I make the following statement freely, voluntarily, and without any promises or
threats made to me.” The statement should be signed and dated by the suspect and a witness.
CG-5810E (2/11)
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