[Code of Federal Regulations]

[Title 25, Volume 1]

[Revised as of April 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 25CFR11.1003]



[Page 47]

 

                            TITLE 25--INDIANS

 

     CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR

 

PART 11_LAW AND ORDER ON INDIAN RESERVATIONS--Table of Contents

 

                  Subpart J_Juvenile Offender Procedure

 

Sec.  11.1003  Law enforcement officer's duties.



    A law enforcement officer who takes a minor into custody pursuant to 

Sec.  11.1002 of this part shall:

    (a) Give the following warnings to any minor taken into custody 

prior to any questioning:

    (1) The minor has a right to remain silent;

    (2) Anything the minor says can be used against the minor in court;

    (3) The minor has the right to the presence of counsel during 

questioning; and

    (4) If he or she cannot afford counsel, the court will appoint one.

    (b) Release the minor to the minor's parent, guardian, or custodian 

and issue a verbal advice or warning as may be appropriate, unless 

shelter care or detention is necessary.

    (c) If the minor is not released, make immediate and recurring 

efforts to notify the minor's parents, guardian, or custodian to inform 

them that the minor has been taken into custody and inform them of their 

right to be present with the minor until an investigation to determine 

the need for shelter care or detention is made by the court.