DA Form 3881 - Fill Out and Use This PDF

Da Form 3881 PDF Details

The DA Form 3881, officially titled the Rights Warning Procedure/Waiver Certificate, is required whenever U.S. Army law enforcement investigators question a person who is a suspect or accused of a criminal offense. Completing this form correctly protects both the investigator and the subject under military and civilian law.

What DA Form 3881 Records

The form captures the date and place of the interview, the names and identifying information of all parties, and the subject's decision to waive or assert their rights. It also documents the names and signatures of any witnesses present during the interrogation.

Rights Covered by DA Form 3881

Before any questioning begins, investigators must inform the subject of the following rights:

• The right to remain silent and not answer any questions.
• The right to consult a civilian attorney before any questioning, at no cost to the government.
• The right to have a military attorney appointed at no cost.
• The right to have an attorney present during any questioning.
• The right to stop answering questions at any time and request an attorney.

Any statement made can be used in a criminal trial. Both military personnel governed by the Uniform Code of Military Justice (UCMJ) and civilians connected to Army operations have these rights.

Who Completes DA Form 3881?

The investigating officer fills out Section A and reads the rights aloud to the subject. The subject then signs one of two sections:

• Section B (Waiver) - the subject agrees to answer questions voluntarily and signs along with available witnesses and the investigator.
• Section C (Non-waiver) - the subject declines to answer questions or requests an attorney before proceeding.

If the subject refuses to sign, the investigator notes the refusal on the form and witnesses record the fact in writing. If the subject is indecisive, investigators treat the situation as a non-waiver and stop questioning.

Related U.S. Army Forms

When working through a military law enforcement investigation, you may also need these documents:

• DA Form 2823 (Sworn Statement) - used to record a written statement from a witness or suspect during an Army investigation
• DA Form 87 (Certificate of Training) - documents completion of Army training courses and certifications
• Military Power of Attorney - designates a legal representative for military members who cannot act on their own behalf