Recording of Interrogations in Ohio

State statute requires the audio or audiovisual recording of all statements, in their entirety, made by a juvenile or an adult during a custodial interrogation in a place of confinement, if the interrogation relates to a specified serious criminal offense. If law enforcement fails to record a custodial interrogation when required by law, the prosecution must establish by a preponderance of the evidence that one or more specified exceptions applied to the failure to record, otherwise the court shall admit the unrecorded statements as evidence with the cautionary jury instruction that the jury “may consider the failure to record the custodial interrogation in determining the reliability of the evidence.” Effective: 2010; Amended most recently: 2021.

Read the statute.