A Recorded Interrogation
Mo. Rev. Stat. § 590.700 — recorded when feasible for the listed felonies, and no ground to exclude evidence
Which interrogations. All custodial interrogations of persons suspected of committing or attempting the felonies the section lists, among them first and second degree murder, first degree assault, first degree robbery, rape and kidnapping, are recorded when feasible.
What custodial interrogation does not include. A meeting the person voluntarily agrees to, a detention short of arrest, routine booking questions, questions under an alcohol influence report, and questioning during transport.
- The suspect requests that it not be recorded.
- The interrogation occurs outside Missouri.
- Exigent public safety circumstances prevent recording.
- The suspect makes spontaneous statements.
- The recording equipment fails, or is not available at the location.
In those cases the agency is not required to record. An agency may record an interrogation in any circumstance, with or without the suspect's knowledge or consent.
No exclusion. The section is not a ground to exclude evidence, and compliance or noncompliance may not be admitted, argued or referenced at a criminal trial. The consequence it names is that the governor may withhold state funds from an agency that did not act in good faith.
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 Missouri attorney. Miranda and the voluntariness of a statement are separate questions this page does not cover.
Sources for this section (1)
- Mo. Rev. Stat. § 590.700 — Recording custodial interrogations for certain crimes
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Missouri attorney.