Missouri has two statutes requiring recording of custodial interrogations.
Citation: Mo. Rev. Stat., ch. 590.700 and 700.1 (2009 and 2015).
General rule: All interrogations of arrested persons, who are not at the scene of the crime, who are suspected of committing or attempting to commit the listed felony offenses shall be recorded when feasible. Recording includes any form of audiotape, videotape, motion picture or digital recording. § 2. The recordings may be made with or without knowledge of the suspect. § 3. Each law enforcement agency shall adopt a written policy to record custodial interrogations of persons suspected of committing or attempting to commit the listed felony crimes. § 4.
Circumstances that excuse recording: The suspect requests that the interrogation not be recorded; the suspect makes spontaneous statements; the interrogation occurs outside the state; exigent public safety circumstances prevent recording; the recording equipment fails, or is not available at the location where the interrogation takes place. § 3.
Consequences of unexcused failure to record: “If a law enforcement agency fails to comply with the provisions of this section, the governor may withhold any state funds appropriated to the noncompliant law enforcement agency if the governor finds the agency did not act in good faith in attempting to comply with the provisions of this section.” § 5. “Nothing in this section shall be construed as a ground to exclude evidence, and a violation of this section shall not have impact other than that provided in section 5 of this section. Compliance or noncompliance with this section shall not be admitted as evidence, argued, referenced, considered or questioned during a criminal trial.” § 6.
Preservation: None given.
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