Recording of Interrogations in Washington
State statute requires that law enforcement record all custodial interrogations in their entirety if the suspect is a juvenile or if the interrogation relates to a felony offense. Interrogations that occur at a place of detention must be recorded by both audio and visual means. Interrogations at any other location must be recorded by audio at a minimum. “Places of detention”, as defined, include, but are not limited to, police stations, police vehicles, and, in the case of juveniles, schools. The state must demonstrate by a preponderance of the evidence that an exception applies if the interrogation was not recorded, and a defendant may present the fact that a statement was not recorded to a jury. Effective: 2021.