The Indiana Supreme Court on Tuesday issued a new rule requiring electronic audio-video recordings of suspect interrogations before statements from the interviews can be entered into evidence in felony court proceedings.
Defense attorneys welcomed the news.
Defense Attorney Don Swanson was amazed by the court’s new rule but said it’s a positive move forward. He said that sometimes police take “literary license with what they hear.” “I think prosecutors will think it’s good, too,” Swanson said. “They want the best case they can get.”
Colorado has no requirement that police audiotape or videotape interrogations. Instead, police often times interpret what the defendant stated or rely on notes that may have been poorly taken. The problem can be even more acute with Spanish speaking or non-English speaking defendants, especially since some officers may claim to be fluent but in actuality do not translate each word used by the defendant.
If you are arrested for a crime, you do not need to speak to the police. Understand that the police have already decided BEFORE your statement whether or not you will be arrested for a crime. In my nearly fifteen years as an attorney, I don’t recall a single instance where a defendant “talked their way out” of an arrest by giving a statement. If you are arrested, you can call The Law Office of Andres R. Guevara for a free consultation at (720) 379-8262.
Filed under: Due Process
