Rights of Persons Arrested

Rights of Persons Arrested. (a) In any case of arrest or temporary detention for examination, as provided in 6 CMC § 6103(d), it is unlawful: (1) To deny to the arrested person the right to see at reasonable intervals, and for a reasonable time at the place of detention, the person’s counsel, family members, employer, or a representative of the person’s employer; (2) To refuse or fail to make a reasonable effort to send a message by telephone, cable, wireless, messenger or other expeditious means, to any person mentioned in subsection (a)(1) of this section, provided that the arrested person so requests and the message can be sent without expense to the government or the arrested person prepays any expense there may be to the government; (3) To fail either to release or charge the arrested person with a criminal offense within a reasonable time, which under no circumstances shall exceed 24 hours; (4) For those having custody of one arrested, before questioning the arrested person about participation in any crime, to fail to inform that person of his or her rights and obligations under subsections (a)(1), (a)(2), and (a)(3) of this section. (b) In addition, any person arrested shall be advised as follows: (1) That the individual has a right to remain silent; (2) That the police will, if the individual so requests, endeavor to call counsel to the place of detention and allow the individual to confer with counsel there before the person is questioned further, and allow the person to have counsel present while being questioned by the police if so desired; and (3) That the services of the public defender are available for these purposes without charge. Source: 12 TTC § 68.