Recording interrogations in major felony investigations in Michigan.
The law requires police to video and audio record interrogations in major felony investigations.
Video and Audio Recording of Interrogations is the Law
A new law in Michigan has passed, and police must make video and audio recordings of interrogations during major felony offense investigations. The law applies if the police interrogate a suspect while in custodial detention. Custodial detention requires the individual to be in a police station, correctional facility, prisoner holding facility, or another governmental facility.
- “Interrogation” means questioning in a criminal investigation that may elicit a self-incriminating response from an individual. Interrogation includes a law enforcement official’s words or actions that they should know are reasonably likely to produce a self-incriminating reaction.
- “Custodial detention” means an individual’s in “detention” because a law enforcement official has told the individual that they are under arrest or because the individual, under the totality of the circumstances, reasonably could believe that they are under a law enforcement official’s control and is not free to leave.
- “Place of detention” means a police station, correctional facility, prisoner holding facility, or another governmental facility where law enforcement might detain someone in connection with a criminal charge against them.
- “Major felony” means a felony punishable by life, any term up to life, a statutory maximum of 20 years or more, or a violation of third-degree criminal sexual conduct.
Statements Made During an Illegal Custodial Interrogation Must Be Suppressed
If you still have questions about video and audio recordings of interrogations or any other criminal matter for a Michigan criminal defense attorney, feel free to call LEWIS & DICKSTEIN, P.L.L.C. for a free consultation and confidential case evaluation. Please call us, and a highly experienced criminal defense lawyer will promptly contact you.
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