Interrogation

Question 1

600.3.2 - CUSTODIAL INTERROGATION REQUIREMENTS

Violent Felony

Answer 1

A. Subject to the exceptions listed in subsection (d) below, any custodial interrogation of a person who is in a fixed place of detention and who, at the time of the interrogation, is suspected of having committed any violent felony offense, as defined in Utah Code 76-3-203.5(1)(c)(i), should be electronically recorded in its entirety.

Question 2

B.

Answer 2

Where the site of the interrogation is not a fixed place of detention, officers are nonetheless encouraged, where practicable, to electronically record the custodial interrogation of a person suspected of committing any violent felony offense

Question 3

C.

Answer 3

All electronically recorded custodial interrogations should not be destroyed or altered until a conviction for any offense relating to the interrogation is final and all direct and collateral appeals are exhausted or the prosecution for that offense is barred by law. The interrogating entity may make true, accurate, and complete copies of the electronic recording, whether in the same or a different format.

Question 4

D. The guidelines for electronic recordings of a custodial interrogations are not applicable if:

Answer 4

The suspect refuses to speak if the interrogation is electronically recorded. Any such refusal should be documented either by electronic recording demonstrating such refusal, or through a written statement signed by the suspect.

Despite the reasonable good faith efforts of the officer to obtain or provide recording equipment, recording equipment is not reasonably available during the period of time that the suspect is lawfully detained.

Question 5

D. Cont!

Answer 5

The recording equipment malfunctions and replacement equipment is not reasonably available.

Despite the reasonable good faith efforts of the officer to record the interrogation, the recording equipment, without the officer’s knowledge, malfunctions or stops operating.

The officer conducting the custodial interrogation reasonably believes that the crime of which the person is suspected of committing is not a violent felony offense.

Exigent circumstances render electronic recording impossible or impracticable.

Question 6

E. Officers should continue to prepare written summaries of custodial questioning and continue to obtain written statements from suspects.

Answer 6

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