A Recorded Interrogation
MCL 763.8 — a time-stamped audiovisual recording of the entire interrogation for a major felony
The recording. A law enforcement official interrogating an individual in custodial detention about a major felony makes a time-stamped, audiovisual recording of the entire interrogation, including the notification of Miranda rights, using equipment and procedures designed to prevent alteration.
An objection. An individual who believes the interrogation is being recorded may object, and the objection is documented on the recording or by signature. A recording may still be made without the individual's consent or knowledge, or despite the objection.
To the defense. On a discovery request, the prosecutor provides a copy of the recorded statement to defense counsel, or to the defendant if unrepresented. Before conviction or acquittal, the recording is exempt from freedom of information disclosure.
When it was not recorded. A failure to record does not prevent an official present from testifying to the statement if it is otherwise admissible. Unless the individual's objection was properly documented, the jury is instructed that it is the law of the state to record such interrogations and that it may consider the absence of a recording in evaluating the evidence.
Whether questioning was a custodial interrogation, and what follows from a missing recording in a particular case, are questions of fact and law for a licensed Michigan attorney. Miranda and the voluntariness of a statement are separate questions this page does not cover.