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938.195 938.195 Recording custodial interrogations.

938.195(1) (1) Definitions. In this section:

938.195(1)(a) (a) “Custodial interrogation” has the meaning given in s. 968.073 (1) (a).

938.195(1)(b) (b) “Law enforcement agency” has the meaning given in s. 165.83 (1) (b).

938.195(1)(c) (c) “Place of detention” means a juvenile detention facility, jail, municipal lockup facility, or juvenile correctional facility, or a police or sheriff’s office or other building under the control of a law enforcement agency, at which juveniles are held in custody in connection with an investigation of a delinquent act.

938.195(2) (2) When required.

938.195(2)(a) (a) A law enforcement agency shall make an audio or audio and visual recording of any custodial interrogation of a juvenile that is conducted at a place of detention unless a condition under s. 938.31 (3) (c) 1. to 5. applies.

938.195(2)(b) (b) If feasible, a law enforcement agency shall make an audio or audio and visual recording of any custodial interrogation of a juvenile that is conducted at a place other than a place of detention unless a condition under s. 938.31 (3) (c) 1. to 5. applies.

938.195(3) (3) Notice not required. A law enforcement officer or agent of a law enforcement agency conducting a custodial interrogation is not required to inform the subject of the interrogation that the officer or agent is making an audio or audio and visual recording of the interrogation.

938.195 History History: 2005 a. 60; 2007 a. 97; 2013 a. 168 s. 21.

938.195 Annotation It was a violation of this section for police to cease recording the custodial interrogation under the facts of this case. Nevertheless, the error, if any, in not suppressing some of the defendant’s statements, was harmless. State v. Moore, 2015 WI 54, 363 Wis. 2d 376, 864 N.W.2d 827, 13-0127.