Recording Custodial Interrogations

1. Recording Custodial Interrogations Andrew W. Vail Jenner & Block LLP Chicago

2. Overview of Work • Beginning a new dialogue • Surveying law enforcement • Reporting on the police experience

3. Our Survey • 300+ departments • 43 states: urban, rural, large and small • Not scientific - telephone interviews or written surveys with confirmation letters • Departments that electronically record custodial interviews - from Miranda warnings until the end - in a defined subset of cases

4. Executive Summary • Recording custodial interrogations is beneficial tool for law enforcement that improves the judicial process. • Often theorized detractions from instituting the practice are not expressed by officers who actually record. • Appears to be inevitable change for the better, which is best implemented by legislation.

5. Favorite Quotes • “Recording is the best thing we’ve ever had rammed down our throats.” –Minn. prosecutor • “We would never go back to unrecorded statements.” –Mont. department

6. Favorite Quotes • “We are recording all interrogations and are continuing to have great success. Our detectives have made the transition very well…and have found their confession rates have not been compromised…it is a much better method than the old fashioned method.” –Broward Cnty., Fla.

7. Our Findings: Police Experiences • Permanent, unquestionable record of the interview • Captures Miranda warnings and reduces motions to suppress on that basis • Demonstrates lack of abuse or illegal coercion and reduces motions on that basis; also eliminates civil suits based on false allegations of abuse

8. Our Findings: Police Experiences • Raises public confidence that police are not abusive during interrogations • Removes the need to make detailed notes • Supervising or fellow officers can watch interviews in real time and offer suggestions • Officers do not need to rely on memory

9. Our Findings: Police Experiences • Officers can review past interrogations • Financial cost is not a concern as the technology ranges from simple to sophisticated • Long-term savings outweigh front-end costs • Confessions are not lost because suspects “clam-up” if recorded

10. Recording Laws • State or municipal code: Illinois, D.C., New Mexico, Maine • Courts: Alaska, Minnesota, *New Jersey, *Massachusetts, *New Hampshire • Pending Legislation: 19 States & DC

11. Recording Laws • Legislation is the best method for implementing recording laws: • Guidelines • Necessary exceptions • Consequences • Funding • Eavesdropping laws

12. Recording Technology • Equipment: from simple to sophisticated • Chicago Police Department: a model for the future