10.122.060 – Exception for individual’s refusal to be recorded electronically.
RCW 10.122.060 Exception for individual’s refusal to be recorded electronically. (1) A custodial interrogation to which RCW 10.122.030 otherwise applies need not be recorded electronically if the individual to be interrogated indicates that the individual will not participate in the interrogation if it is recorded electronically. If feasible, the agreement to participate without recording must […]
10.122.070 – Exception for interrogation conducted by other jurisdiction.
RCW 10.122.070 Exception for interrogation conducted by other jurisdiction. If a custodial interrogation occurs in another state in compliance with that state’s law or is conducted by a federal law enforcement agency in compliance with federal law, the interrogation need not be recorded electronically unless the interrogation is conducted with intent to avoid the requirement […]
10.122.080 – Exception based on belief recording not required.
RCW 10.122.080 Exception based on belief recording not required. (1) A custodial interrogation to which RCW 10.122.030 otherwise applies need not be recorded electronically if the interrogation occurs when no law enforcement officer conducting the interrogation has knowledge of facts and circumstances that would lead an officer reasonably to believe that the individual being interrogated […]
10.122.090 – Exception for safety of individual or protection of identity.
RCW 10.122.090 Exception for safety of individual or protection of identity. A custodial interrogation to which RCW 10.122.030 otherwise applies need not be recorded electronically if a law enforcement officer conducting the interrogation or the officer’s superior reasonably believes that electronic recording would disclose the identity of a confidential informant or jeopardize the safety of […]
10.122.100 – Exception for equipment malfunction.
RCW 10.122.100 Exception for equipment malfunction. (1) All or part of a custodial interrogation to which RCW 10.122.030 otherwise applies need not be recorded electronically to the extent that recording is not feasible because the available electronic recording equipment fails, despite reasonable maintenance of the equipment, and timely repair or replacement is not feasible. (2) […]
10.122.110 – Burden of persuasion.
RCW 10.122.110 Burden of persuasion. If the prosecution relies on an exception in RCW 10.122.050 through 10.122.100 to justify a failure to record electronically a custodial interrogation, the prosecution must prove by a preponderance of the evidence that the exception applies. [ 2021 c 329 § 11.]
10.122.020 – Definitions.
RCW 10.122.020 Definitions. In this chapter: (1) “Custodial interrogation” means express questioning or other actions or words by a law enforcement officer which are reasonably likely to elicit an incriminating response from an individual and occurs when reasonable individuals in the same circumstances would consider themselves in custody. (2) “Electronic recording” means an audio recording […]
10.122.030 – Electronic recording requirement.
RCW 10.122.030 Electronic recording requirement. (1) Except as otherwise provided by RCW 10.122.050 through 10.122.100, a custodial interrogation, including the giving of any required warning, advice of the rights of the individual being questioned, and the waiver of any rights by the individual, must be recorded electronically in its entirety if the interrogation subject is […]
10.122.040 – Consent not required—Notice.
RCW 10.122.040 Consent not required—Notice. Notwithstanding RCW 9.73.030 and 9.73.090, a law enforcement officer conducting a custodial interrogation is not required to obtain consent to electronic recording from the individual being interrogated, but must inform the individual that an electronic recording is being made of the interrogation. This chapter does not permit a law enforcement […]
10.122.050 – Exception for exigent circumstances.
RCW 10.122.050 Exception for exigent circumstances. A custodial interrogation to which RCW 10.122.030 otherwise applies need not be recorded electronically if recording is not feasible because of exigent circumstances. The law enforcement officer conducting the interrogation shall record electronically an explanation of the exigent circumstances before conducting the interrogation, if feasible, or as soon as […]