Compendium: Electronic Recording of Custodial Interrogations

Written By: Reid
Feb 10, 2015
On their website the National Association of Criminal Defense Lawyers has published an extensive compendium of the laws and court decisions regarding the electronic recording of custodial interrogations. Here is the article:

"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.

  • 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.