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)