ILLINOIS STATE POLICE
Directive EQP-016
Electronic
Recording of Interviews and Interrogations
RESCINDS: New Directive
REVISED: 09-04-2007 2007-053
RELATED DOCUMENTS: EQP-002, EQP-015, OPS-203
DISTRIBUTION: All employees maintaining an ISP Directives Manual
RELATED CALEA STANDARDS: 42.2.1, 44.2.3
I. POLICY.
The Illinois State Police (ISP) will:
I.A. use electronic recording equipment to record certain
interviews/interrogations (see Definitions section) in accordance with Illinois
law regarding admissible oral, written, or sign language statements of certain
individuals during custodial interrogations.
I.B. make electronic recording equipment available to
officers in each district and zone facility in which persons are, or may be, detained
and questioned in connection with criminal charges against those persons.
I.C. establish procedures for training officers in the use
of electronic recording equipment.
II.A. Certain interviews/interrogations include
interviews/interrogations for the following crimes:
II.A.1. 720 ILCS 5/9-1, “First degree murder”
II.A.2. 720 ILCS 5/9-1.2, “Intentional homicide of an unborn
child”
II.A.3. 720 ILCS 5/9-2, “Second degree murder”
II.A.4. 720 ILCS 5/9-2.1, “Voluntary manslaughter of an
unborn child”
II.A.5. 720 ILCS 5/9-3, “Involuntary manslaughter and
reckless homicide”
II.A.6. 720 ILCS 5/9-3.2, “Involuntary manslaughter and
reckless homicide of an unborn child”
II.A.7. 720 ILCS 5/9-3.3, “Drug-induced homicide”
II.A.8. 625 ILCS 5/11-501(d)(1)(F), “Driving under the
influence of alcohol (when there was an accident which resulted in a death)”
II.B. Custodial interrogation -- an interrogation during
which:
II.B.1. a reasonable person in the subject's position would
consider himself or herself to be in custody and
II.B.2. a question is asked that is reasonably likely to
elicit an incriminating response.
II.C. Electronic recording -- includes motion picture,
audiotape, videotape, or digital recording.
II.D. Electronic recording equipment -- any equipment used
to make an audio, video, or audio/video recording, whether operated
independently or in concert with other electronic equipment (i.e., audio tape
recorder, audio/video tape recorder, camera, microphone, monitor, digital
recorder).
II.E. Place of detention for adults -- a building or a
police station that is a place of operation for a municipal police department
or county sheriff department or other law enforcement agency, not a courthouse,
that is owned or operated by a law enforcement agency at which persons are or
may be held in detention in connection with criminal charges against those
persons (725 ILCS 5/103-2.1, “Code of Criminal Procedure of 1963”).
II.F. Place of detention for minors -- a building or a
police station that is a place of operation for a municipal police department
or county sheriff's department or other law enforcement agency at which persons
are or may be held in detention in connection with criminal charges against
those persons or allegations that those persons are delinquent minors (705 ILCS
405/5-401.5(a), “Juvenile Court Act of 1987”).
II.G. Recording medium -- any recording medium (i.e., audio
cassette tape, videotape, VHS, digital videocassette, 8mm tape, DVD, or
otherwise) used for the retention and playback of recorded audio, video or
audio/video.
III.A. The District/Zone Commander will:
III.A.1. ensure electronic recording equipment is stored,
maintained, and accessible to officers in each district/zone facility in which
persons may be detained and questioned in connection with criminal charges
against those persons.
III.A.2. issue electronic recording equipment to individual
officers as he/she deems prudent.
III.A.3. ensure a supply of recording medium is maintained
and accessible to officers.
III.B. Officers issued and/or using electronic recording
equipment will:
III.B.1. ensure proper care and maintenance of the
electronic recording equipment in accordance with the manufacturer's
instructions.
III.B.2. ensure proper security of the electronic recording
equipment in accordance with directive EQP-002, “Department Vehicle Usage”.
III.B.3. ensure proper procedures are followed for handling,
using, submitting, and storing recording medium.
III.B.4. immediately report any equipment failure to his/her
immediate supervisor. Officers will never attempt to make any repairs that
would require them to access any internal parts of the electronic recording
equipment.
III.B.5. ensure they are familiar with the electronic
recording equipment and that it is operating properly.
III.B.6. ensure they are familiar with and adhere to
Illinois law as it relates to electronically recording
interview/interrogations, specifically:
III.B.6.a. 705 ILCS 405/5-401.5, “Juvenile Court Act” - when
statements of minors may be used;
III.B.6.b. 720 ILCS 5/14, “Criminal Code of 1961 --
Eavesdropping;” and
III.B.6.c. 725 ILCS 5/103-2.1, “Criminal Procedure” -- when
statements by accused may be used.
III.C. Officers conducting interviews/interrogations will:
III.C.1. take all necessary and reasonable steps to
safeguard the court admissibility of information/statements obtained during the
interview/interrogation.
III.C.2. ensure they are familiar with and adhere to
Illinois law as it relates to electronically recording
interview/interrogations, specifically:
III.C.2.a. 705 ILCS 405/5-401.5, “Juvenile Court Act” --
when statements of minors may be used;
III.C.2.b. 720 ILCS 5/14, “Criminal Code of 1961 --
Eavesdropping;” and
III.C.2.c. 725 ILCS 5/103-2.1, “Criminal Procedure” -- when
statements by accused may be used.
III.D. The ISP Academy will:
III.D.1. develop and administer the training process for
instructors to train personnel in the legal requirements and proper use of
electronic recording equipment during interview/interrogation.
III.D.2. serve as custodian of all training records.
IV.A. During the custodial interview/interrogation of a
juvenile or adult homicide suspect, occurring at a place of detention, the
investigating officer(s) will:
IV.A.1. make every reasonable effort to clearly and
accurately record the interview/interrogation in its entirety using the best
available electronic recording equipment, or electronically record the
subject's willingness to be questioned, but refusal to have that questioning
electronically recorded.
IV.A.2. document on an Investigative Report, form ISP 4-3,
Field Report, form ISP 5-48 (both forms are available from the ISP Document
Library at http://maphome/documentlibrary/), or other related documents:
IV.A.2.a. if the interview/interrogation was recorded, or
IV.A.2.b. if the interview was not recorded and why, stating
the officers efforts to record the interview/interrogation and all relevant
circumstances that prevented such.
IV.B. During the custodial or non-custodial
interview/interrogation of anyone other than a juvenile or adult homicide
suspect at a place of detention, the investigating officer(s):
IV.B.1. may, at his/her discretion or at the direction of a
supervisor, electronically record the interview/interrogation, in whole or in
part, provided any audio recording is done with the consent of all parties.
IV.B.2. will document on an ISP 4-3, ISP 5-48, or other
related document that an interview/interrogation was recorded, if applicable.
IV.C. The original recorded medium resulting from the
recording of any interview/interrogation, excluding that covered by directive
EQP-015, “In-Car Video Recording Equipment:”
IV.C.1. will be secured as evidence and processed in
accordance with directive OPS-203, “Evidence -- Inspection, Inventory,
Retention, and Disposal.”
IV.C.2. will be marked to identify:
IV.C.2.a. the case number,
IV.C.2.b. the name of the subject interviewed,
IV.C.2.c. the officer's name, ID, and assignment, and
IV.C.2.d. date and time of recording.
IV.C.3. may be duplicated for review, other work-related
purposes, or dissemination to the court of venue as required by a court order.
IV.C.4. will not be made available, in its original or
duplicated form, for public review unless authorized by a supervisor or
judicial authority, in which case the person/firm making the authorized request
will provide a blank recording medium that is compatible with ISP equipment.
Illinois State Police
500 Iles Park Place, Suite 100
Springfield, IL 62703