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Court adopts police interrogation rule

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Following the model of more than a dozen other states, the Indiana Supreme Court has added a new Rule of Evidence to require that certain statements be recorded before they can be entered into evidence.

Approved by a three-justice majority, today's six-page order adds Indiana Rule 617 that applies to any statements on or after Jan. 1, 2011.

Noting how electronically recorded interrogations assist courts and can be used as a potent law enforcement tool for guilt or innocence, the rule reads in part, "In a felony criminal prosecution, evidence of a statement made by a person during a Custodial Interrogation in a Place of Detention shall not be admitted against the person unless an Electronic Recording of the statement was made."

The rule specifically mandates that an audio-video recording be made within a jail, law enforcement agency station house, or facility owned and operated by law enforcement.

Seven exemptions are included:

1. Statements made as part of routine processing or booking

2. Statements made when the suspect does not agree to be electronically recorded

3. When there is an equipment malfunction

4. When the interrogation takes place in another jurisdiction

5. When law enforcement officers reasonably believe the crime under investigation isn't a felony

6. The statement made is spontaneous and not in response to a question

7. Substantial exigent circumstances exist which prevent the recording

The rule takes effect in 2011, a delay put in place at Marion County's request, to allow law enforcement agencies there to buy necessary equipment, train officers, and implement the new policies.

Once it takes effect, the court expects the recordings will lead to fewer factual disputes and reduce the number of motions to suppress evidence, as well as possibly lead to more guilty pleas.

"With the foregoing considerations in mind, the Court finds that the interests of justice and sound judicial administration will be served by the adoption of a new Rule of Evidence," the order reads.

Voting against the revision were Chief Justice Randall T. Shepard and Justice Frank Sullivan, who wrote dissenting paragraphs highlighting the Hoosier law enforcement community's integrity and existing practice as reasons not to amend the rule.

"There are states where bad conduct by police or prosecutors has led to repeated injustice in the criminal process," the chief justice wrote. "Indiana has not been such a place. My assessment of the honesty and professionalism of Indiana's public safety officers leads me to conclude that today's action is not warranted."

Justice Sullivan observed that many state police agencies have already taken this initiative on their own, and so it isn't necessary for the court to get involved.

More than 300 comments came into the court's Committee on Rules of Practice and Procedure earlier this year during a public comment period that ended April 30. Of the total, the court reports that 89 comments came from law enforcement officers, 80 from the general public, 36 from prosecutors, 27 from public defenders, 61 from other attorneys, five from judges, and five from other judicial officers.

Sixteen states, as well as Washington, D.C., currently have statutory requirements or court rules requiring or encouraging the recording of police interrogations to some degree. Legislation has been proposed in several states and is endorsed by the American Bar Association. Wrongful conviction advocates report that about a quarter of the DNA exonerations nationally involve some aspect of innocent defendants making incriminating statements, delivering false confessions or pleading guilty.

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  1. Well, maybe it's because they are unelected, and, they have a tendency to strike down laws by elected officials from all over the country. When you have been taught that "Democracy" is something almost sacred, then, you will have a tendency to frown on such imperious conduct. Lawyers get acculturated in law school into thinking that this is the very essence of high minded government, but to people who are more heavily than King George ever did, they may not like it. Thanks for the information.

  2. I pd for a bankruptcy years ago with Mr Stiles and just this week received a garnishment from my pay! He never filed it even though he told me he would! Don't let this guy practice law ever again!!!

  3. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  4. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  5. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

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