Measure would require recorded interrogations
Lincoln Journal Star (Nebraska)
January 11, 2007 Thursday

A bill that would require law enforcement officials to record interrogations of accused felons in custody got another champion this week.

Freshman Sen. Steve Lathrop of Omaha introduced the bill, which also had an airing last session.

"It struck me that it had benefits for everybody in the interrogation room," he said.

Sometimes, Lathrop said, defendants charge police with doing certain things during an interrogation that later could cause suppression motions and other difficulties. Recordings give police documentation, he said.

LB179 says electronically recording admissions or statements is an effective way for the prosecution to meet its burden of demonstrating a free, knowing and intelligent waiver of a person's right to remain silent, refusal to answer questions or have an attorney present during questioning.

Having a precise record reduces speculation and claims that may arise about the content of the interrogation.

The bill says the recording must be done when a person is in custody at a police, sheriff's or trooper's station, courthouse, county attorney's office, correctional center or hospital.

There are "reasonable exceptions" to the requirement. But generally, if the recording is not made, any statement or admission could be suppressed at a criminal proceeding.

A few states have similar laws, and a few require interrogations to be recorded through the court system.

A small number of police precincts in Nebraska, including Lincoln and Omaha, already do it routinely.

Lincoln Police Chief Tom Casady said his department records many such interrogations, mostly for serious felonies. LPD has appropriate equipment and interview rooms at its headquarters and at two of 10 substations.

"We are all in favor of recording custodial interrogation, particularly in high-grade felony cases," Casady said. "But requiring it in every interrogation could be a real can of worms."

There is a huge cost to transcribe interviews, he said.

"This is a giant problem for us now, and a significant increase in the number of recordings would quite simply overwhelm us without the resources needed for transcription," he said.

He guaranteed, he said, that police would have to produce a transcript of every interview that results in prosecution.

But Lathrop likened the recordings to cameras in cruisers, which document officers' observations, and become tools of law enforcement.

"It's good policy," he said.