In a renewed posture, both chambers of the Florida Legislature are, once again, taking up the requirement that all portions of law enforcement interrogations be recorded. Currently, there is no requirement under Florida law that law enforcement officers record all portions of a custodial interview with an arrestee, let alone any of it. Florida House Bill 453 and Florida Senate Bill 296, if passed by the Florida Legislature, would require that the entire custodial interrogation be recorded, beginning with the reading of Miranda warnings.
In a striking study conducted several years ago by the Florida Innocence Commission, 25 percent of wrongful convictions in Florida involved false confessions, and that the best method to reduce such is to require confessions be electronically recorded.
As a former prosecutor for many years, and as a criminal defense attorney for longer than I was a prosecutor, I applaud the Florida Legislature in taking up this important situation, I hope it passes the full House and full Senate votes this year, and as they say, this one is a ‘no brainer.’ By requiring law enforcement to record the entirely of the interrogation, we can hopefully get to the truth in such cases.
I have been working in the criminal court system as an attorney for 22 years in Volusia and Flagler Counties, and throughout Central Florida. If you would like to discuss representation, please give me a call at 386-257-1222. The initial consultation is free.
Posted April 24, 2017