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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. @BryanJBrown, You are totally correct. I have no words, you nailed it.....

  2. You have not overstated the reality of the present situation. The government inquisitor in my case, who demanded that I, on the record, to choose between obedience to God's law or man's law, remains on the BLE, even an officer of the BLE, and was recently renewed in her contract for another four years. She has a long history in advancing LGBQT rights. http://www.realjock.com/article/1071 THINK WITH ME: What if a currently serving BLE officer or analogous court official (ie discplinary officer) asked an atheist to affirm the Existence, or demanded a transsexual to undergo a mental evaluation to probe his/her alleged mindcrime? That would end a career. The double standard is glaring, see the troubling question used to ban me for life from the Ind bar right here: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners (see page 8 of 21) Again, what if I had been a homosexual rights activist before law school rather than a prolife activist? A gay rights activist after law school admitted to the SCOTUS and Kansas since 1996, without discipline? A homosexual rights activist who had argued before half the federal appellate courts in the country? I am pretty certain that had I been that LGBQT activist, and not a pro-life activist, my passing of the Indiana bar exam would have rendered me an Indiana attorney .... rather than forever banished. So yes, there is a glaring double standard. And some are even beyond the reach of constitutional and statutory protections. I was.

  3. Historically speaking pagans devalue children and worship animals. How close are we? Consider the ruling above plus today's tidbit from the politically correct high Court: http://indianacourts.us/times/2016/12/are-you-asking-the-right-questions-intimate-partner-violence-and-pet-abuse/

  4. The father is a convicted of spousal abuse. 2 restaining orders been put on him, never made any difference the whole time she was there. The time he choked the mother she dropped the baby the police were called. That was the only time he was taken away. The mother was suppose to have been notified when he was released no call was ever made. He made his way back, kicked the door open and terrified the mother. She ran down the hallway and locked herself and the baby in the bathroom called 911. The police came and said there was nothing they could do (the policeman was a old friend from highschool, good ole boy thing).They told her he could burn the place down as long as she wasn't in it.The mother got another resataining order, the judge told her if you were my daughter I would tell you to leave. So she did. He told her "If you ever leave me I will make your life hell, you don't know who your f!@#$%^ with". The fathers other 2 grown children from his 1st exwife havent spoke 1 word to him in almost 15yrs not 1 word.This is what will be a forsure nightmare for this little girl who is in the hands of pillar of the community. Totally corrupt system. Where I come from I would be in jail not only for that but non payment of child support. Unbelievably pitiful...

  5. dsm 5 indicates that a lot of kids with gender dysphoria grow out of it. so is it really a good idea to encourage gender reassignment? Perhaps that should wait for the age of majority. I don't question the compassionate motives of many of the trans-advocates, but I do question their wisdom. Likewise, they should not question the compassion of those whose potty policies differ. too often, any opposition to the official GLBT agenda is instantly denounced as "homophobia" etc.

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