A new law in Michigan has passed and police are now required to make an audiovisual recording of certain interrogations for major felonies. The law applies if the individual being interrogated is in custodial detention which requires the individual to be in a police station, correctional facility, or prisoner holding facility or another governmental facility where an individual may be held in connection with a criminal charge that has been or may be filed against the individual.
“Interrogation” means questioning in a criminal investigation that may elicit a self-incriminating response from an individual and includes a law enforcement official’s words or actions that the law enforcement official should know are reasonably likely to elicit a self-incriminating response from the individual.
“Custodial detention” means an individual’s being in a place of detention because a law enforcement official has told the individual that he or she is under arrest or because the individual, under the totality of the circumstances, reasonably could believe that he or she is under a law enforcement official’s control and is not free to leave.
“Place of detention” means a police station, correctional facility, or prisoner holding facility or another governmental facility where an individual may be held in connection with a criminal charge that has been or may be filed against the individual.
“Major felony” means a felony punishable by life, life or any term of years, or a statutory maximum of 20 years or more, or a violation of third degree criminal sexual conduct.
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