Section 400.630 Standards for Nonmilitary Interrogations

Section 400.630  Standards for Nonmilitary Interrogations

a)         General.

When a person subject to the Code is interrogated by an official or agent of

the United States, State of Illinois or any state, the person's entitlement to

warnings about rights and the validity of any waiver of applicable rights will

be determined by the principles of law generally recognized in the State of

Illinois.

b)         Warnings

under Code Section 31 and the Fifth and Sixth Amendments to the U.S. Constitution

are not required during an interrogation conducted outside of the U.S.,

including its possessions, by officials of a foreign government or their

agents, unless the interrogation is conducted, instigated or participated in by

SMF or U.S. military forces or their agents, or by officials or agents of U.S.

federal, state or local jurisdictions.  A statement obtained from a foreign

interrogation is admissible unless the statement is obtained through the use of

coercion, unlawful influence, or unlawful inducement (see MCM Appendix 22).  An

interrogation is not "participated in" by military personnel or their

agents or by federal or state officials or agents merely because those

officials or agents were present at an interrogation conducted in a foreign

nation by officials of a foreign government or their agents, or because such a

person acted as an interpreter or took steps to mitigate damage to property or

physical harm during the foreign interrogation. (Il. Mil. R. Evid. 305B)