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A. Upon arrest, the defendant shall be notified that he or she has the following rights:

1. The right to remain silent and that any statements made by him or her may be used against him or her in Court;

2. That he or she has the right to obtain an attorney at his or her own expense and to have an attorney present at any questioning;

3. That if he or she wishes to answer the questions of the police he or she may stop or request time to speak with his or her attorney at any point in the questioning.

B. Prior to conducting a consensual, warrantless search pursuant to Section 6-101(H)(2) or (H)(3) of this Title, the officer shall specifically inform the person to be searched or the person in charge of the property to be searched that:

1. The search will be conducted only with the person’s consent;

2. The person is under no obligation or requirement to consent to the search and may refuse to consent to the search if he or she chooses to do so, or request the advice of an attorney at his or her own expense prior to responding to the requested consent to the search;

3. If the person refuses to consent to the search, the officer will not search the person or property without first obtaining a warrant from the Court.

C. Whenever possible, the officer should obtain a written statement that the person knows these rights, understands and waives them prior to taking a voluntary statement from a defendant or conducting a warrantless, consensual search; provided, that the absence of such a written statement does not preclude the admission of the statement or other evidence if the Court determines that the statement or consent to search were voluntary.