NACDL - West Virginia - Recording Interrogations Compendium

West Virginia - Recording Interrogations Compendium

Information on the policy and history of recording custodial interrogations in West Virginia.

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Summary

West Virginia has no statute or court rule requiring recording of custodial interrogations.

Cases

In State v. Kilmer, 190 W. Va. 617, 629, 439 S.E.2d 881, 893 (1993), the Supreme Court of West Virginia said:

… In refusing to expand the Due Process Clause of the West Virginia Constitution, we reiterate our position espoused in Nicholson [174 W.Va. 573, 328 S.E.2d 180 (1985)], that it would be the wiser course for law enforcement officers to record, either by videotape or by electronic recording device, the interrogation of a suspect where feasible and where such equipment is available, since such recording would be beneficial not only to law enforcement, but to the suspect and the court when determining the admissibility of a confession. However, we decline to establish an absolute rule requiring such recording. Accord: Adkins v. Ballard, 2014 WL 2404313 (W. Va. 2014).

Miscellaneous

Departments we have identified that presently record:

Charles Town Monongalia CS  Morgantown
Clarksburg Morgan CS Wheeling
Huntington