Electronic Recording Project

Compendium: Electronic Recording of Custodial Interrogations

There are few aspects of police work more important than questioning arrested suspects in felony investigations. To a large extent, our criminal justice system depends upon the accuracy of how the results are reported including all statements, physical actions, facial expressions, and tones of voice of individuals under interrogation.

During the past decade there has been an increasing use of electronic recording equipment by law enforcement to record their interrogations of felony suspects from the Miranda warnings on.  Subsequently, there has been concurrent support for legislation and court rules governing these recordings, to ensure statewide consistency in police and sheriffs’ practices and procedures.  For example, in 2003, there were two state supreme courts that required recording of custodial interrogations and four others followed suit.

Tom Sullivan, NACDL member and partner with Jenner & Block, compiled the Compendium and provides an introduction to the project below.

 

  • PDF version of the complete compendium.  
  • The State Map features the most up to date information on pending/enacted legislation and case law, in each state.
 View the Map  
  • To view the national organizations that have taken formal positions regarding the practice of electronic recording, click here.
  • To view the foreign countries that have recording statutes and rules, click here.
 

 

To submit any updates on jurisdictions, please contact Mr. Tom Sullivan at tsullivan@jenner.com. For more information about the project please contact Angelyn C. Frazer at afrazer@nacdl.org or (202) 465-7642.

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