Recording interrogations in major felony investigations in Michigan.
The law requires police to video and audio record interrogations in major felony investigations.
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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.
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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.
Call us today at (248) 263-6800 for a free consultation or complete an online Request for Assistance Form. We will contact you promptly and find a way to help you.